Video recording

um if it continues on. So, we do reserve that right. There is also a limit of 5 minutes uh per person for public speaking. Uh so, again, with the full agenda, we're going to uh hold to that uh call for attendance. Mr. Short here. Mr. Spanado here. Mr. Prescott here. Mr. Scar here. Mr. Corso here. Mr. Corsy here. Mr. Otuso here. Mr. DeMarco. President. Uh pledge of if let's all stand for the pledge of allegiance. [Music] 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. [Music] Um so first item on our uh on our list um before we go through the um agenda and start the meeting I just want to make a reminder out to the applicants and the board that the PowerPoint presentation is a onetoone with every application that was submitted for tonight's meeting.

So it is um the role of the applicant to go through that five criteria that will be up on the screen. Uh it's the criteria you filled out in your application to uh obtain an area variance. So just want to remind the board and the applicants of that before we get started. Thank you. And uh the first project is 1023 Wickerton Lane. Applicant Patrick Auino. Is that correct? Aino. Aino. Sorry. That's okay. Uh it's in an R3 single family residential district requesting a 45.10 ft rear setback where the minimum required is 50 uh with the proposal construction of an approximately 590 square foot twotory addition.

relevant sections of the code is section 350-12 B5C minimum setbacks for the rear yard 50 ft. So hand it over to you. Okay. Um as mentioned uh I'd like to add about a 600 ft addition to the rear of my house. Um it'll require a 5ft variance off the rear setback. Um mainly adding a an extra bedroom upstairs. Uh, my family's getting a little older and I'd like my daughters to have separate bedrooms if possible. So, criteria. So, we'll start with character of the neighborhood. You'll just discuss does this, you know, impact the character of your neighborhood? Does it not, etc.? Yep. So, uh, the plan is not to change the character of the neighborhood.

Um, we'll maintain the the roof height as it is now. Um, same siding, same, you know, no real impact to the lot or the the house as it is. Um, alternatives, uh, basically the proposed addition doesn't create the extra space uh, for my daughters to have their separate bedrooms. Um, we really like the neighborhood, like the schools that we're in, prefer not to move. um housing market isn't always the greatest and and lack of affordable fourbedrooms homes is a little challenging right now. So I think the intent part of the intent was uh did you consider alternate locations, alternate um solutions to uh what what you are presenting.

Yeah. So the layout of the house um creates a bit of a hardship that the way it's laid out. We couldn't go on the other side of the lot. Um it's got a cathedral ceiling. would completely change and mess up the the layout of the house. So, um so requested substantial deviation um basically no real um major effects to the neighborhood continue to function as the same. Um and you know creating or getting this variance does not create any adverse effects on the value or desiraability of any of the nearby properties. Um should also be no impact uh to the environment. Um you know not contributing to any kind of flooding or runoff.

Um gutters and whatnot will be maintained um and connected to the existing drainage systems where possible. Um, again, this isn't sort of self-created. Um, due to the layout of the house, this is really the only location we can put it. The lot is a little kind of wonky with some of the angles. Um, so it shouldn't uh shouldn't cause any major issues. Turn it over to the board for questions. All right. Um, so I'll open up to the board. Any questions on this applicant? Siding. Everything's going to remain the same as what's in place now. Correct. Yep. So, this is a two-story edition, correct? It is.

Um, heightwise, uh, I mean, there is a section here. We're showing 8ft ceilings. Um, don't have a overall height. [Music] um in relation to your current house, what would the height be? Right? I mean, you got three, four different um eaves on the house. Um where where's the eve of this addition going to land? The ridge of the addition be no higher than the rest of the house. When we say the rest of the house, because the garage ridge is lower, the main right garage goes like this. Yep. So, we're going to be behind it like this behind the garage. Only 4 ft will be extended out that you would see from the road and and the roof would come down.

Part of it would come down over the garage roof that goes like this. So, it will be taller than the garage eve. Yeah. But it will not be any taller than the main house's need. No. No. We'll we'll maintain all all the uh sopets. The house has sopets on every roof line on all four sides. will maintain all the safets uh to keep the character of the original construction. So if you can look at the screen here right we got the garage off on the left uh where the cursor is that is the highest ridge is that the ridge that you are talking about or it it is actually the lower ridge is it not it's be raising the the height uh ceiling of the rooms they'll be equal they'll be equal with the existing house and the roof pitch will be equal with the the highest peak on the house uh that you would see from the Josh, can you go back to um aerial view real quick?

So, there's that. If you can see the cursor, there's that ridge. And unfortunately, I did get to see the house, but I wasn't able to meet with anybody there, otherwise I would have asked these questions while I was there. Um there's that ridge where the cursor is, and then there's a higher ridge there. Which ridge is the addition going to match? Because the addition is going to be closer to the lower ridge um based on the locations. Let me uh just give me a moment. Yep, absolutely. my side. Is this all right? Okay. Can I approach? Yeah. Yeah, sure. You did the drawings on this rather extensively.

We are hiring an architect for the final. Yep. I I I did go through those. Okay. This is this is u the existing house. This is the garage roof coming up high. Yeah. Um, this is the existing roof right here. Okay. And this is our new roof. So, the ridge lines can be equal to what you see on the side. Yeah. I'm just trying to figure out if this ridge is there. There's three there's essentially three ridges. There's this house has extensive roofs. Yeah. Yeah. It's absolutely when I drove up like Okay. Exactly. So, what I maintain here, it's the same pitch. Yep. So, so that the look is the same. Okay.

This wall goes up against this wall. This socket where I have them checked like that. That part of sopet has to come out. That wall starts right there. Okay. And then we come out 4 ft. You look from the road. Yep. We're only 4 ft from the garage. So everything's behind. Yep. And it's really not, you know, changing things. Thank you. Yep. Thank you. Um, another question I have, uh, have you had any communications with your neighbors to the rear? Uh, I believe it's like 991 Jackson and um 9 is it 99 989 Jackson? Um, not 989. Uh, I have talked to 991. Um, they didn't seem to have a problem. Okay.

Any other questions from the board? It's currently a threebedroom. You're going to a four. I'm sorry. Yes. And the septic. I saw that you couldn't do a certain area cuz it was you would have to reconfigure your current septic system. So, is that what I was reading? Not septic, just the the layout of the house. Okay. I thought it said something about requiring the reconfiguration of a septic system. No, we're on we're on the threw off. Unless I'm looking on tank. That's what threw me off. Okay. Actually, I do have a question. Go for it. the uh it's a bedroom on the second floor. What's going on the first floor?

On first floor? Yes. Well, the point is we need the bedrooms upstairs on the main living area. We need four bedrooms. One of the smallest bedroom on on this this side that will be adjoining the addition. Um part of that is becoming a hallway into the new addition for the two bedrooms that are upstairs. Thus leaving the downstairs uh large area. There'll be a a master bath put down there with a guest room bedroom down below. Thank you. The addition does have three bedrooms in it though, correct? It has three now. One's coming out to become partially a hallway to the new addition. So, there will be four bedrooms upstairs and and a suite downstairs for company.

Um I'm pass this becomes a total of five bedrooms the house when it's all said and done. Yeah. Four up, one down. Yeah, four up, one down. So, it becomes a total of five bedrooms when done. Okay. Right. Cuz the addition will have two bedrooms upstairs and one bedroom downstairs. Correct. It will also have uh looks like a a laundry room is upstairs and then I don't know some storage sink space, shower I guess a um kind of on suite type space on the first floor. Correct. Yeah. Okay. Okay. Other questions? All right. Um vote on uh uh seeker. Um let's see. I make a motion for a type 2 action under seeker pursuant to NYCR section 617.5 of the environmental code.

Do I have a second? I second. All in favor? I I All right. Um uh does anybody want to go through the findings on this over here? I'll start off. Um because of the location of the addition being in the rear of the property, uh it does not affect the essential character of the uh of the neighborhood itself. Uh only a a small portion of the addition will be seen above the uh garage roof line. Uh due to the layout of the current uh house, this is really the only location to be able to place the addition itself. Uh to be able to have the the bedrooms uh location to the south uh would not work with the current layout of the uh of the property itself.

Uh this is not a significant addition. Uh I believe it's uh about 500 square ft if I remember correctly. Uh so is it's not significant um in any means. Environmental uh physical environmental conditions of the area are not being uh greatly affected in the area. Uh though this is uh self-created um the layout itself and the desire again does not have a significant effect to the to the neighborhood. Anybody else want to add anything? All right. Um, make a a motion uh for uh where is it? Make a motion uh for the Wickerton Edition located at 1023 Workington Lane uh for an area variance to allow a rear setback of 45.10 10 where 50 ft is required associated with the construction of approximately 598 ft² addition to a single family dwelling having parcel number SPL079.16-3-20 located in R3 single family residential district under section 350- uh12 of the code of code of the town of Webster.

Do I have a second? Second, Mr. Short. Hi, Mr. Corso. I Mr. Muscer. Hi, Mr. Prescott. Hi, Mr. Spanado. Hi. All right. Uh, you have your variance. Uh, you do need uh to obtain uh all applicable codes, um, building permits. Uh you have one year uh to complete your uh pro uh to to complete your project and um good luck. Thank you. Thank you. I do have a quick question. Uh $20,000 to for that addition. Can can I get the name of your contractor? Not much. I'm the contractor. Okay. This can be a family thing. So that's why we're so low. Fair enough. Thank you so much. Thank you. Now, uh, next we have the heart edition, uh, located at, uh, 624 Maple Drive.

[Music] Good evening. Oh, sorry. Yeah. So uh 624 Maple Drive applicant William Hart zoning district R3 single family residential is requesting a 46.3 rear setback where minimum required is 50 with the construction of an approximately 224 square foot three seasons summer sun. Okay. Uh if you go to the instrument survey map, that's probably the easiest way to to explain this. So the addition will be at the back of the house. It's um if you look at the north side, you'll see uh a current structure that used to be a hot tub room that is falling apart. And then there's a deck. And then where the red rectangle is is where we would plan to build the house for the uh the addition.

The deck is remaining. I'm sorry. The deck is Sorry, the deck is remaining. Yes. Okay. By the way, the ridge line of the addition is going to be about 3 ft below and perpendicular to the ridge line of the house. Appreciate that. Thank you. Are you taking down the hot tub room that's falling apart? Yeah, it's uh it won't take much work. Just a a cool breeze, right? Yeah. Character of the neighborhood. Um we don't anticipate any uh adverse effect to the neighborhood. uh the siding of the house or of the um addition will be the same as the siding on the house. Uh and I just want to point out that the entire house is surrounded by undeveloped woodland.

Alternates considered we considered uh one alternate and that is where the existing hot tub room is. However, uh that would not work. And uh if can we just go back to the the map again? So if you look at the map, the uh area where the existing hot tub is is only about 10 ft and we're looking at building a 14 by 16. In addition, as was mentioned previously, the septic system is there, the collection tank, and then piping into the leech field. So, we would have to work around that. And lastly, the connection point to the house would go right into the master bedroom there. So, that's not particularly desirable.

Uh, if we go into substantiality, the room that we're proposing to build is about 0.005 acres on a 1.8 8 acre lot. So, we think that the small size of both the variance and the room would render it uh not particularly substantial impact on the environment. Uh for drainage, we're going to put gutters on the room and tie that into the existing gutter system. So, we'll be using the existing drainage. uh traffic I think is not applicable. I don't know what circulation means. Can somebody tell me? You're uh it's the movement around your fine. It's not applicable to this particular uh project. Thank you.

Uh dust and noise obviously during the construction there would be some dust and noise but that would be shortterm. In addition, any dust or noise would be uh mitigated from the neighbors perspective because of the surrounding undeveloped woodland. Odor I don't think is applicable. Public services we will have electrical um in the room but that's it. And I don't So we've concluded that uh it shouldn't be an impact on the environment. Okay. So, that created difficulty. Um, it's really the pre-existing conditions and layout of the house. So, the the house itself is about 71 ft. We've got about 10 ft at the uh with the hot tub room that's going to be demolished about 35 ft of deck.

That leaves about 25 ft where we're proposing to uh put the room. Okay. Uh open it up to the board for any questions, comments that you may have. Just comment that it's very private there. I don't think it's going to impact anything significantly. Yes. Did you have any correspondence with your neighbors to the south or to the east of you? Uh I did uh with both of them and they're both uh willing to support the variance. Okay. Yeah, you're you're deep into the woods. So it's uh you know I think there's quite a bit of of uh wooded property between you and your neighbors. Uh, so I don't see any issues here.

Uh, any other questions from any any other members from the board? No. All right. With that, I'll uh make a motion for uh seeker uh for type two action under seeker pursuant to NYCRR section 617.5 of the environmental code. I have a second. Second. All those in favor? I. Anybody want to do the findings? All right. Um essential character uh of the property. You're not going to say deep in the woods, but you are surrounded by a wooded uh lot in all areas. Um by making doing this addition, it's really not going to affect um the surrounding neighborhood. Uh as part of this project, you are going to be tearing down a uh smaller or a small uh hot tub addition uh as well.

So though this is a little bit larger, um we are moving trading one for the other. Um there though you did look at the location of the hot tub uh which would keep you behind the 50ft uh mark that location does not access the family uh space. It does only access the um the master bedroom. So it was not an ideal location. Um the orientation of your house to the property line is not parallel. It's it's kind of off by about five or six degrees which is also causing some of the issues with the um with the setbacks. Uh this is not a significant um change. Again, we're removing one addition and we are adding another addition.

Uh physical environmental conditions are not changing. You have uh that area is not uh wooded. uh you're not really affecting uh anything in that particular area. Uh though again self-created because it's something that um the applicant desires, it is the the most practical location uh and I it's not a detriment to uh to the project itself or to the uh to the property or the surrounding areas itself. Um with uh any anybody else want to share anything else on the findings? No. All right. Um yeah. Uh I'd like to make a motion for an area variance located at 624 Maple Drive, uh to allow a rear setback of 46.3 ft where 50 ft is required.

in association with the construction of approximately 224 square foot threeseason bedroom um to a to a single family dwelling on a 1.8 acre parcel having SPL063.16-1-10 uh located in R3 family residential district. Uh this also includes the removal of a uh an existing hot tub uh sun room, threeseason room as well. Um under section 350-12, the code of town of Webster. Do I have a second? Second. Second, Mr. Short. I Mr. Mscar. I Mr. Corso. Hi, Mr. Prescott. Hi, Mr. Spinado. Hi. All right. You have your variance. You have um you will need to get a building permit. You have one year to obtain or to uh complete the project.

So, good. Thank you. Thank you. You have a good night. Same to you. [Music] Next up, we have the Arento uh Gazebo. Uh located at 1840 Schlaggel Road, applicant Jason Arento and representing agents Julie Hus and Kevin Fior. Perfect. Uh located in a large lot residential zoning district. um requests to allow a 1,280 ft addition to a pre-existing non-conforming pole barn um which would bring the total size of the secondary structure to 2,120 ft. So this uh associated sections of the code is um 35036 accessory buildings and then 35095 alterations or extensions of non-conforming buildings. Okay. Hi, I'm Kevin Fior.

Uh Jason was called out of town and this is uh Julie Hus, his uh significant other. So, I I've retired contractor, so I offered to come and speak on their behalf. Um, we have a pre-existing non-conforming metal pole barn and they would like to build a open gazebo or uh picnic shelter where the roof line matches the existing gabled roof line of the metal building. And the sides are open uh with post and headter typical shelter or gazebo. Uh there's no intention for uh concrete at this point. They haven't decided they would hardcape it or gravel it, etc., etc. Uh the reason for the structure is that not only do they have two dogs and they'd like to be able to be outside and and entertain when it's raining or extreme sun.

So the and put a couple picnic tables in it. Um where they're located is all large lots. It's uh in pretty much uh Webster East, so it's not as dense as Webster West these days. So, it's not unusual to have accessory uh structures or uh barns in in that uh part of town. Um the the building is uh pretty much sheltered or visually from the road because of four mile creek and okay so for those reasons we don't think it's really going to change the character of the neighborhood. Um, we did consider alternatives, but this just seemed the logical spot to put it where it would be the least vis visible from the road and from the neighbors.

The east side again is formal creek and all woods and the neighbor on the west side is not going to be able to see it because it's on the east side of the pre-existing non-conforming polebar. uh substantially. I mean the the variance is not really asking for a setback but it is asking for uh a a reasonable size uh grant from the TBA. But but the additional the the one structure at 900 some odd square feet pre-existing was there when they bought the house and this structure is open. and it's just a roof line and post and and a header. The impact on the environment's negligible. Uh it it drains on grade.

There's no impervious surface being added at this point in time. And honestly, everything drains to four mile creek. It is self-created. Okay. Uh there's no qu question of that. But given the size of the lot and uh just putting it where it's least visible from the road or have any impact on the neighborhood of the rest of the uh neighbors, it seemed like the logical spot to put it where it would be least noticeable. I'd be happy to answer any questions. All right. Um, can you tell me what the height of the eve of the existing building is? The height of the existing ridge on the pole barn, which we're going to match um I'm going to say is 15 16 ft.

I That's what I guessed when I was out there. Okay. Yeah. I mean, I'm just I I built the their addition, but I'm just hazing and guessing memory. My memor is not as great as it used to be, unfortunately. No worries. Other questions from the board? Um, you said he hasn't decided what he's going to do for a floor yet. Gravel, concrete. They're they're going to remove the side and gravel it and then either pour concrete at some point or hardcape it, meaning pavers. Okay. So, I'm assuming he would have this all done before it's finalized and everything and not just do that. Okay. And and I think part of the the floor co the floor ambiguity is, you know, a cost factor to be on I mean either one's probably more than putting the structure up.

Oh yeah. Unfortunately, there is a slope a small slope in the back if I remember correctly. Right. I mean it it dips down a little bit. It will be leveled out. Yeah, it will be. So it'll be the same. So the floor of the gazebo will be the same floor as the the high point the as the the pole barn itself. Yeah. Yeah. Okay. Yeah. Okay. Um you have no intentions of enclosing this gazebo? No. Okay. Uh, are you running any electric or plan on putting any lights hanging? Um, at this point in time, Jason and I spoke about it and he doesn't have any real plans. I'm like, well, you can always do solar. I mean, uh, it's not going to be a workshop and it's not going to be enclosed.

I mean, he's got the pole bar and garage and and he does use those for that. I mean, he's okay. Um, but at best maybe it ends up with a couple of plugs and lights. I mean, there's existing electricity in the pole barn. So, I mean, I can see us maybe stringing lights across, but nothing significant. Yeah, it it's literally six It's literally 6x sixes at 10 or 12 feet and microlam headers or treated headers, rafters on a metal roof to line up with the existing pole. Gotcha. Um, Erica, you you had indicated on or it was indicated on the slideshow the existing pole barn with the addition will be about 2200 square f feet, I think is what it said, right?

That's correct. Okay. Um, yes, the pole barn is 900 and change and the additions 1,200. So, it's 21 and change it. Yeah, it's close enough to to 22. Okay. I don't have any questions. Any anybody else any questions? Okay. So, we're doing this is an area variance because of total square foot of the building. Is that I just want to make sure that we're that's the or is it because it's a pre-existing non-conforming structure? I think it's both. It is. I wasn't real sure myself, but it's in addition to a preision non-conforming which has to be reviewed by the board. Okay. And and then the total square footage exceeds what's allowable I think.

Yes. Is it 2500 I think is the max, right? For for um an accessory building I think is what it is. Correct. Yeah. Okay. All right. Okay. Um that I'd like to make a motion for a type two action under Seager pursuant to NYCRR section 617.5 of the environmental code. Do I have a second? Second. All those in favor? I uh anybody want to go through the findings? All right. Um the area uh essential character uh this is in a large lot um residential district uh pro property of most of the uh properties out there are uh three plus acres. This parcel is 5 acres. Um there are a lot of pole barn structures out uh in this area.

So having a uh an open gazebo attached to an existing uh poleb barn structure is not uh not outside of the character of this area. Um there is there is no other remedy. Uh other areas were looked at. Uh this is really the best solution, most cost-effective solution um to be able to uh provide the the uh the gazebo open I want to call it open air pavilion. um uh for the for this property. Um significance I mean it is a where is it? It is a 1,200 square foot um open gaze or open pavilion that is being installed. Uh it is not insignificant. Um however due to the large lot uh the surrounding area and pole barns within that area uh it is not a significant impact to the uh to the area.

Uh and again it's not near any any uh any of the setbacks um or any of the neighbors as well. uh physical environmental conditions. Uh they're not affecting any groundwater, any uh drainage uh or um they are affecting about 1,200 ft of green area. Um but it again not not significant. Uh and again uh it is because it is a need that it is a self-created element but uh this really is the best solution for uh for this open air uh pavilion uh gazebo area. Does anybody else want to add anything to the uh to the findings? All right. With that, I'd like to make a motion um for an area variance uh to allow a 128 square foot um open air pavilion uh located uh addition located at 1840 Schlaggel Road to uh in addition to a pre-existing non-conforming 912 ft polebar uh for a total area of the accessory structure of 2,120 square ft on a 5.2 acre parcel having SPL 066.01-1-46.1 located in a large lot residential district um under sections 350-13 350-36 350-95 of the code code of the town of Webster.

Do I have a second? Second, Mr. Short. Hi, Mr. Mscar. I Mr. Okorso. Hi, Mr. Prescott. Hi, Mr. Spanado. I All right. You have uh one year to complete the project. Uh you will need to obtain a building permit for this project. Um thank you very much. Thank you for your time. Have a great night. Next up, uh, we have 255 Princeton Road. So, property address 255 Princeton Road. Applicant Jessa Jessica Tyranny, uh, is in a zoning district R3 single family is requesting a special use permit to maintain six chickens on a 28 acre parcel. So, I'm requesting the special use permit in order to maintain six chickens on my property.

This would be located in my fenced in backyard. The exact location of the coupe would be something that I would decide when I get the materials judging by shade and also level level ground. Um, but it would be somewhere near the existing garage. Um, and that would be a coupe at first that would have a small chicken run on it, but I could expand that. that was part of the plans as they grow. Um, this is something that I'm sure you're aware it's becoming increasingly popular in um, residential areas and there's a lot of different materials out there and research done on how this can be done that would still be a nice hobby for people, but also it can be something that's done in a neighborhood and doesn't affect the neighborhood.

Um, so you mentioned by the garage, uh, the images we were looking at, is is that red rectangle the area you were considering? It could be. Um, I'm just kind of now that I'm looking into it more, I think that it would be maybe better to have it closer to the garage just for the shade. Um, and just the lawn there might be better. So it I I mean it it's kind of an openended where it would might end up. Fair enough. But your backyard is fully in full. Yep. I have chain link all the way around. Okay. All right. Uh any other questions from the board? You're not doing a rooster and just the hens. You're only ask um I mean that would be something that's up to you guys.

Some of the research that I've done, it does seem that sometimes without a rooster, the hens sometimes don't have as happy of a life because they rely on the roosters to protect the flock. Um I understand there are noise issues with roosters, but the types of chickens that I'm interested in are called banttom silky chickens. So they're really small and they historically don't crow as often. Um, and understanding you can only have one rooster in the flock anyways. So there's considerations there. I would like to be able to have a rooster just for the well-being of the hens. I will say um generally we do not allow roosters for the uh for the noise.

Um okay. So, I but we'll we'll have the discussion open here. Um any other questions? Yes. Um have you talked to your neighbors about this? I have not. Um one of the neighbors directly to the side of me, there's renters there and as far as I know, no one else has moved in. Um and then my other neighbors really don't come out much, don't talk much, but the sign's been there and I've seen a lot of people slow down to look at the sign. So, I'm sure if they had any questions, they would ask or they would be here. It's kind of just the neighborhood just everyone keeps to themselves and minds their business for the most part.

So, are you planning on So, you you mentioned the the first coupe that you get will end up having a small run to it. Yes. Um, as that evolves, is your intent to let them roam free in your backyard? Um, and the reason I ask that is though chickens don't fly, they do jump with their wings and they will jump over a chain link fence and go onto your neighbor's property. Correct. No, I do not plan on letting them free range for their safety as well, just with predators around. I don't want that for them. Um, so I brought a couple of pictures. I could bring them up or just show. This would be kind of like the coupe that is prefabbed.

And then I would either build an extra wood extension for the run or you can purchase ones that are made of chain link that sort of attach to the coupe to give them more space but it would be enclosed so they're not able to jump or fly including a a lid if you correct. Okay. All right. Does anybody want to see the picture of the coupe? Yeah. I know what the coups look like so I'm good. No. All right. Any other questions? Um, yeah. The only other question I would have is if you go with your whatever design you go with, protection for other animals getting in because foxes can jump pretty high and everything.

I assume there's going to be a covering over it. Yes. And from our research, hardware cloth is the only way to keep out predators. So, that's something that I'm aware that I'll have to enclose everything in there um to make sure that they're safe. Okay. You'll want to go down either 24 in into the ground or 24 in out so they don't dig underneath as well. Yeah. Don't you like fan it out underneath? Yeah. Yeah. All right. Um I don't have any further questions. I will um you know I'll leave it up to the board, but I would recommend um I think you indicated no more than six um hens or chickens. Correct.

Correct. Um I am going to limit it to hens and not roosters. Um, so when you do go purchase them, make sure you don't get straight run because those are you you'll never know. Um, so with that, um, like to make a motion. Uh, can we have a little discussion? Yeah. Yeah, absolutely. I I don't know you, so don't don't take this the wrong way, but I live next door to somebody that raises chickens illegally on a regular basis. Every summer, we go through the same issue with them. And the chickens are loud. They don't bother me, but my neighbors down the street, even further away, are always complaining about the chickens up on the hill.

And personally, I you live in a very residential area, not on a big lot at all. I have a hard time with this and that on that basis. And I'm just I don't know what the rest of the board how the rest of the board feels about it, but that's that would be my position on this. Asked to follow up on that. You ad I'm no chicken expert by any shape or form. The ones that you're looking into don't have a history of making noise. You said no. I mean these are I'm not sure what ones are in your neighborhood, but these are they're not raised for egg laying or for meat. They're literally just the little tiny fluffy ones that look like they're poodles.

So they they don't make as much noise as a regular chicken because they've been frankly inbred to not do that. People keep them in their homes. Um, but I mean as far as the noise goes, I feel like people leave their dogs out and they bark or there's other, you know, wild birds out that make noise. It's just one of those things where every animal makes noise, you know. Yeah. Josh, with the special use, it's a one year uh for the initial. Is that correct? Um, it can be anywhere that the board determines between one year and five years. Okay. Okay. And then is there a play, let's say they do make a little noise because to your point, animals make noise, birds are chirping in the morning.

Is there a spot in your yard that might suit better that if they do make a little noise, it might be muffled? We got more trees or it won't raise as much cuz to his point, you are in a very tight residential area and it sounds like the neighbors don't come out, but maybe they'll start coming out more to to greet you. Um, is there an area that might suit better to kind of hide that a little bit? I feel like all the way towards the back fence. Um, because then, as you can see, the neighbors will also have their entire yard before it reaches their house. Okay. So, instead of it being closer towards my house where then it has the two neighbors on the side.

Probably the least noise would be all the way in the back. Does that pose a problem like getting to the coupe the further? Does it have to be close to the house? Okay. I mean that might be something to consider is just for precautionary reasons if moving forward that it the placement of where it goes is equally important. It is it's a it is a small lot. Um the coupe that she's talking about and the size of the flock of six hens is not significant and it's easy to move. It's not like an accessory building. So it's something that you could pick it up and lock it. If somebody was complaining and we needed that, you know, the code officials needed that to be moved, it could be Okay.

Sorry, I cut you off. No, that's right. I thought he was talking to me. That's Any other It's a That's a great comment. I mean, in all honesty, cuz when chickens lay an egg, they all do a chicken song, and they do they they rattle each other up. So, um, any other comments, questions, or concerns? He actually just brought something up that made me think. You said one of your neighbors is a renter. Yes. Now, did you you said you did you talk with the person who owns a property that rents it out because if it changes people renting, will that be a problem too with the area that you might be picking?

Um, that house has been abandoned for quite a while. So, there's an owner that he'll have it rented for a few months and then it's empty for a year. Um, so it's kind of hard to say when or if he would get another renter. Um, which parcel is it? That's the rental to the right. If you're look at looking at my house from the street, it's the one to the right. 2253. Yes. I have to call your lane. Yeah. The one with the pool. They are not renters. And the one at 257 is the ones that you you do not see out. Is that correct? Okay. Other questions? It's all good discussion. All right. If uh Good. Um, I'd like to make a So, I guess I'm going to limit, again, I I think uh unless the board disagrees, I think we should limit it to the hens.

Um, no more than than six. Um, we are going to do a a one-year um variance on this. Okay. This way, you know, you'll have to come back in a year from now. Uh, see how things have gone with your neighbors. Uh, I can tell you in the past, we've had when the when the variance was up for renewal, we've had neighbors come in and speak against. So, be cognizant of that. Okay. Um, it's always it's always uh recommended to have uh good conversations with your neighbors. Sure. And if you're getting eggs, give your neighbors some free eggs. That always helps. Um, but with that, uh, I'll make a motion for a type two action under seeker pursuant to NYCRR section 617.5 of the environmental code.

Do I have a second? Second. All those in favor? I I um like to make a mo uh findings. Um so um we're looking at so uh this special use will not prevent uh orally or reasonable uh use to adjacent properties. Uh we are talking about six hens. Um you know animals do make noise and that has been a concern along with um other animals. uh predators coming into the property. Uh the applicant has indicated that she will be uh providing an enclosed uh chicken run as well as an uh as well as a coupe with um wire netting throughout. Um this does not cause a public uh health uh issue. Um this is a more common use um and occurrence uh in the town of Webster.

Um, it will not interfere with any preservation or general characteristics of uh the neighborhood um physical characters uh topography of the proposed site. Um there's no issues there. And then um yeah, so with that, I'd like to make a motion for uh a special use permit located at 255 Princeton Road. uh to allow a 12 foot by 8 foot chicken coupe and no more than uh with no more than six hens um on a 0.28 28 acre parcel having SPL063.18-4-3 located in an R3 single family residential district under sections 350-40 350-75 and 350-103 uh of the code of the town of Webster. Do I have a second? Thank you.

Second Mr. Short. Hi, Mr. Ms. Gar. Miss Garrett. I Mr. ASO. Nay, Miss Mr. Prescott. Hi, Mr. Spant. Hi. All right. You have uh your special use variance. you have um you'll have to get it all set up and you will have to be back here in one year for us to check in to see how things are going and go for another special variance. Thank you. Thank you. Next up, um we have 555 Hills Pond Road. 555 Hills Pond Road. Applicant David and Melissa Phelps are requesting a special use permit to maintain five chickens on a 0.23 acre parcel located in the R3 single family residential district. Hi, good evening.

Yes. Uh I'm looking for a special use permit for a chicken coupe for five hens. No roosters uh or rooster I should say. Um these are going to be used to provide eggs for my family uh my growing boys uh and also a good uh learning exercise for them growing up uh as young adults. Um I've done a lot of research on chickens. My family has done a lot of research on chickens and uh understand what the responsibility is there. Um, we're looking to purchase a pre uh pre-made plastic nicel looking plastic uh insulated uh unit uh coupe that has a a run attached to it with a with a lid over top of it. I do have pictures if somebody wanted to see it, but um I am going to be the intention is to place it adjacent to my shed.

Uh the the red square there is a little bit to uh to the west more than what I intend on doing it. and it's actually going to be in part of what my garden is right now uh right next to the shed. Uh I have talked to my immediate neighbors to the east and west of my house uh along with others as you continue down the road um and across the street. Uh they were all in full support of it. Um I have not talked to the owner of the undeveloped 7 acre parcel behind my house. Uh but uh I have a good relationship with him and I don't believe there would be an issue there. Uh I do not think that this is going to impact the character of the neighborhood at all.

Um again, no roosters. Want to reiterate that. And uh for uh egg consumption and I do not intend on selling the eggs uh in a cart at my front of my house or anything like that. I appreciate that. Uh questions from the board. Your lot is not Your backyard's not fenced in. Correct. It is not fenced in. No, I do not. Oh, I do not intend on having them free range in my backyard either. You said you're going to have a run attached to the coupe itself. So, it will be enclosed within the chicken run. 9 foot run and then it also goes underneath the coupe. The coupe is elevated a few feet about a 4ft total height.

Um, again, I have pictures if you want to see what it looks like, but you guys want to see the pictures? Yeah. Okay, other questions. I appreciate that you've talked with your neighbors. Makes it a lot easier. Um, from from our standpoint, um, I don't have any questions. Um, if there's no other questions from the board that I'm going to make a motion for a type two uh action under seeker pursuant to NYCRR section 617.5 of the environmental code. Do I have a second? Second. All those in favor? I um findings again u similar findings at the end of the day. This is a um this is a having hens on one's parcel is becoming more commonplace um based on the applicant's description of what uh he is presenting uh and what he is is going to have.

He's making sure that the um the public is going to be safe, that there's not uh any health hazards that would come with uh maintaining the uh the chickens in the area. Uh the use will not prevent uh any uh any of the adjacent properties from use of their properties. Uh the use uh will be general uh in general harmony with the with the areas. Uh the the applicant has had conversations with uh his immediate neighbors uh with no um adverse conversations. Uh they were all um supporting the the uh the applicant uh pursuing this variance. Um it's not going to interfere with any preservation character of the neighborhood.

Uh this is in the rear rear of the lot, so it will not even be seen. And the uh the hens will be enclosed in their chicken run and their chicken coupe. Um yeah, I think that that about covers it. Any other anything else? One year. Yep. We'll do the same. Yep. Um so with that, um like to make a a motion uh for a special use permit uh to be located at 555 Hills Pond Road. applicants uh to allow a 4ft x 4T x 4 ft pre-made chicken coupe and no more than five hens on a uh 0.3 acre parcel having SPL063.2-2-58 located in R3 family residential district under section 350-40 350-75 350-103 of the code of town of Webster.

Uh we are looking to put a one-year uh review on this as it is the first time you're doing this. Um yeah, that's my motion. Okay. Can I have a second? Second. Mr. Short, can I Sorry, my apologies before you vote. Uh want to just be clear. The 4T x 4T is just the coupe. It does not include the run. Correct. that uh as I said 4T x 4T by 4 foot pre-made chicken coupe coupe. Okay. The runs not included in that. Just want to be clear. Um thank you. Yep. Absolutely. Mr. Short. Hi. Mr. Spanard. Hi. Mr. Prescott. Hi. Mr. Mscar. I Mr. Corso may you have your variance. um you have one year uh and then you need to uh you'll be back in in one year to come for the variance again.

Sounds good. Thank you very much. Thank you. Good night. Um next up we have uh 440 Locust Hill Drive. 440 Locust Hill Drive applicants Cheryl and Matthew Lawless are requesting uh an allowance of a 64 square foot wooden garden shed in the front yard uh located in an R1 single family residential district. Um relevant sections of the code is 35047 which is utility sheds which indicates that they shall not be located in the front yard. Hi, I'm Cheryl Lawless. My husband Matt, we live in the fourth out of five houses on a private drive, Locust Hill Drive. It is um it none of our property abuts any public roadway and uh we're asking for a shed in the front yard because there's really no other place to locate it.

Um, our house is a 1950built house and uh it's on a very large lot. We have an acre and a half or more. And um yet only half of the lot is up on top of the the hill and the rest of it's a large um a steep slope going down to uh facing the lake. So the house has always had a garden in the front yard since it was built. And um there are lots of mature trees and landscaping. So the essential character of the neighborhood is not going to be changed um by a a small shed. There's really no other way um no other place to locate it because the sideyards are too small, too narrow, and also have um mature trees and it would have an impact on both neighbors on either side.

So we wouldn't do that. And it's really not possible to locate it in what's considered our year rear yard because that's the lakeside of the house and it's a fairly small yard and anything we put there would have a visual impact on all of our neighbors. So we we definitely don't want to do that. Um it's um really not a significant um ask for uh an 8 by8 shed because the total lot is an acre and a half and the front yard is 175 ft deep by 100 100 ft wide. So the 8 by8 shed will only take up like less than 1% of the area of the front yard. It's going to be tucked under a a tree so that there won't be much visual impact and we intend to have a nice looking shed.

Um my husband says it's going to be a she shed. We'll see. But we still have to store stuff in it. Um and there are some similar front yard sheds not too far from us on Lake Road at different various addresses on Lake Road. So, it's not, you know, it's not asking for something that hasn't been done before. Um, it's a small shed, no impact on the environment. Um, no electricity, no drainage issues. Um, and I I guess it's sort of self-created cuz I want one, but it's we we have a 1950 build house that doesn't have a lot of storage. So, we're, you know, we're really going to use it for storage of lawn and uh property maintenance tools and things.

And um I did notify all the neighbors um on Locust Hill Drive and everybody whose uh property about ours and sent them a copy of the application and all the pictures and everything and I heard back from almost all of them um that they were thrilled. So are there any questions? Open it up to the board. Any comments or questions from Yeah, I got one question. Actually, I had family that used to own a place near you. Um, technically, isn't that your backyard? Because your house faces the water. So, usually people would say the water is the front yard. I say that all the time, but I think the only reason I ask that because my family had a lakehouse on Ship Builder Creek and they always say the front yard was the water side and the back.

So, wouldn't you technically be putting in the backyard? If we get to decide, that's the way I would go. But I'm not sure. Fortunately, street side. I I agree. But All right. Any other questions or comments? I mean, as uh Anthony said, I mean, it being on the lake, it gives a unique perspective because a lot of times the lake is considered the the front and the uh the roadside ends up being the uh the rear. Um though that's not how the code reads. That is a lot of times how we uh interpret uh the code um or how we how we look at the variances for the spaces is really what it comes down to. Um you're it looks like you're going to keep it keep the shed about 10 ft off your property line is uh what what your letter had indicated to us.

Yes. Um okay, excellent. Um and you've had conversations with all your uh all your neighbors. Do you have those correspondents that you I don't need them here, but if you have those correspondents, can you share them with the town so they can keep those? Sure. Okay. I have emails. Yeah. It's just great to have have it on record and have it in the file. That's all. So, um, any other questions from the board? Okay. Um, with that, I'm going to make a motion for a type two uh action under seeker pursuant to NYCRR section 617.5 of the environmental code. Do I have a second? Second. Second. All those in favor?

I. All right. Um, anybody want to do the findings? I will keep on asking till somebody says yes. [Music] Um, essential character of the neighborhood. Um, this is a, as I was mentioning earlier, this is a unique property. It's on the it's on the water. So, having a shed on in the um defined front yard is not uncommon for a house uh that is on the lake. Um, this is it is common practice. Um, the applicant has had uh conversations with all neighbors uh that uh did not have any uh issues with the shed being placed on the uh street side of the property. Uh the shed that is being presented is is not going to um have a or be a detriment to the neighborhood.

It is a nicel looking shed. Um and it is on a private drive. So essential character is not going to be affected uh for the area. Um trying to no other remedy trying to place the the shed on the lakeside or the rear of the property um really is not feasible due to the the existing topography of the property. Uh so it's really not uh feasible location. So, the only location for this shed would be in the uh the front yard or the street side of the property. This is not uh significant uh we're talking uh 64 square ft or an 8t by 8 foot uh shed that's going to be placed. Again, it's not a significant um uh it's not significant uh to the to the property.

Um it's not going to affect environmental or uh environmental or physical conditions of the property or the the neighborhood itself. Um and in it is not really I mean self-created in the fact that uh they want uh want to have the shed be able to store their uh outdoor belongings but in reality uh the this is really the only location uh that this is going to be able to uh be provided. they are maintaining uh 10 feet from uh the side lot line um as well. Uh so with that um does anybody else want to add any any other findings? Okay. Then I'd like to make a motion for an area variance located at 440 Locust Hill um Drive.

What? Too too quick. I got to go through the whole thing. Uh to allow a 64 ft wood garden shed in the front yard, which uh is not permitted uh on a 1.3 acre parcel having SPL063.06-1-25-11 located in an R1 single family residential district under sections 350-10 350-47 of the code of the town of Webster. Now, we will take that second. I'll second it. Okay. Okay, Mr. Short. Hi, Mr. Corso. Hi, Mr. Mascar. Hi, Mr. Prescott. Hi, Mr. Spanada. Hi. You have your variance. Um, you need to follow all applicable codes and whatnot to be able to get it one year to get it up. Uh, so good luck. You have a great evening.

Great. Thank you very much. All right. Uh, next up, uh, 671 Willow Lane. Mhm. 671 Willow Lane. Applicant Brian Bishoping is requesting a 30 front step 30 front setback where minimum required is 40 associated with the construction of an additional 10x 20 covered front porch on a 0.46 46 acre parcel located in the R3 single family residential district. Um just would like to mention to the board the reason it says additional is because Mr. Bishoping was approved for a variance um for 10x 20 covered front porch back in November of 2024. How you doing Brian? Doing well. How are you guys? Good. Let's hear let's hear the project.

Uh so variance was given in October. Um permit was given and uh requested and given and when I started to remove the bushes in the front of the property to get ready for construction. I had a nice neighbor walk by and ask what I was doing and uh I said a front porch. And she said, "Oh, a wraparound porch." And I said, "No, but that would look really nice." And so she spent a little bit more of my money and uh that's what I'm here. The uh this is more of an amendment to the existing variance because it was called out for a uh 10 by 22 in the conditions. Um so that's the only thing holding me up.

So the red area is showing up on the screen. Uh not exactly. So the variant from the variance from the variance side um I'm not asking for any additional relief. So the the variance for the front setback on Willow Lane has not changed. It's just that Willow Lane dimension has changed. Right. Yeah. So the the variance for that dimension has grown. Correct. Not not closer to the street but just gotten wider. Correct. Okay. Aside from that, nothing that was previously presented has changed and uh Okay. Um any questions from the board? I appreciate the rendering. It was very helpful. Yep. Any of this going to be enclosed?

No. Okay. Um, same. Go on. I was just joking. Say, is your neighbor an architect if she came by and drew it up for you? Uh, no. No. Cost you a couple more grand, right? It was more of a when I had the idea last year that thought had kind of been there but never materialized to actual like this is going to happen. Then of course walking by and she mentioned it and I hadn't had that thought. So, it's it's better for the property, better for the house. Um, the south wall of the house is very naked and uh it would definitely clean up that south end of the h that the house there. That south wall is all siding and two windows.

So the advantage to you truly is is more appeal in a sense on top of growing the porch or enclosed por covered porch. Correct. Yep. And different times of the day you can sit in different spots and either get sunlight or stay out of the wind and you'll just be able to cruise right around from front to back to the side. Yep. All right. And you said it's not it's not going to be enclosed. No. Um I believe uh the last variance we had stipulated that it would be used for um porch furniture elements if I remember correctly. Furniture, grill, griddle. Yes. Yeah. Same same applies for the rest of this.

Exactly the same. Okay. Are you doing any privacy stuff for like the side? Like if you happen to be just keeping it wide open? No. I mean, eventually there's probably going to be some sort of little bushes, but you got to maintain that stuff. So, I'm not huge fan of that, but but there's probably going to be something sitting in a pot or close close by structure. Sectional fence or anything like that to block you off. No, not to be used any storage or anything. Nope. Okay. All right. Any other questions, comments? Uh, I'd like to open it up to public comment. Uh, does anybody want to speak for or against the project?

I'm Jan Armenrot. I live directly across from Brian Bishop property at 670 Willow Lane. Just a reminder, we are holding to a 5m minute. Yep. Um I have no objection to the porch I think would be fine. Um, unfortunately though, that side of the property where the wraparound porch would go isn't the part of the property that is seems to me not to be in compliance with town code or neighborhood standards. On the other side of the property, there are multiple recreational vehicles. um to the best of my knowledge, not licensed, not moving, um deteriorating. There's a metal shed that um with the increasing number of children as the neighborhood turns over in the area could conceivably pose a hazard to you know, kids are exploring things.

Um there are plastic tarps or something coming off that side of the house that blow in the wind. this winter. There was also again um in addition to the three recreational vehicles that were there all winter, there was the um snowmobile trailer. And then when Mr. Bishop Bing removed the first three big huge bushes in front of the house. He dumped them in the hedge row um close to right up front to Will Lane where they're currently decaying along with other yard waste which I believe was noted last year when Mr. Bishoping had made some comment about yeah he'd get it cleaned up. And then there's a pile of junk of some sort behind that which is super unsightly.

And again, my house faces directly. You guys are probably so tired of you probably could tell me how this is all laid out at this point. Um, but it don't it it seems odd to me that a variance would be granted when the existing property is not being kept up to expectations. And thank you very much again for last year and also for taking comments tonight. Thank you, Jeff. Thank you, Josh. Do we have any open violations or anything on this property? There were previous cases opened. I I'm not quite sure if it's uh continuing to be opened. I I do know that we are in the process of amending some of our codes and one of them does deal with uh storage of recreational vehicles.

Um we're going to be having a public hearing next month on a proposed change that would only allow one being on a property of this size. Um but right now they're allowed three. Okay. Very good. Um, but there's nothing in our system of anything being I guess there's there's nothing in our code that prohibits the board from considering a variance request if there is an open violation. Thank you. Appreciate that. Uh, bring it back to the board. Any other questions or comments from the board? Um, Brian, you you mentioned you moved the as you were doing the construction for the um or starting the demo for the the porch, you move the um the bushes or Right.

I mean, I look at that as part of construction, right? Remove them. Yes. Um they you move them into the hedro. Are those going to be removed from the hedro at some point or um Yeah. I'm sure there's going to be construction debris. So that's and that construction debris will be removed including the the hedges that were put into that location. Correct. Okay. Thank you. Um any other questions, comments from the board? In terms of uh the wraparound porch, I do think given the location because it's corner property, I think the wraparound porch is a nice nice idea. I am concerned about I I don't I'm sorry I don't remember your name but but uh about that north side of the property as I drove by didn't look all that great and it seems like it should be maintained somewhat better but I don't know that one can negate the other.

Okay. Anybody else? All right. Uh, I'm going to make a motion for a type two action under secret pursuant to NYCRR section 617.5 of the environmental code. Do I have a second? Second. All in favor? I I All right. Um, findings to it. Josh, this is a new variance, right? Or is this an amendment to the old variance? It can be handled as an amendment to the old variance. Do would we then not need to do the findings? Is that how that would go or we should still do the findings for that portion? Correct. I would imagine. Yeah. Yeah. Okay. All right. Mr. Chairman, I would definitely make a recommendation that the uh new findings be made on the record.

Thank you. All right. Um this request is not out of character for the neighborhood. Um it, you know, having a wraparound porch on uh on a corner lot um actually, you know, my opinion, it it enhances um the neighborhood. Um, but at the end of the day, it's not out of out of character for the neighborhood itself. Um, it it does not cause a detriment to nearby properties um in any way, sight lines or u use of their properties. Um, it is not achievable by any other method to have uh to have the wraparound porch itself. Um, the request is not substantial. Uh this board last year had already provided a variance for um for a porch.

This variance is to extend that porch to allow for a wraparound porch. Uh so it is u an extension of of the existing uh existing variance itself. Um there's no adverse uh physical or environmental impacts to the site or the neighborhood. Uh the difficulty is not self-created. uh to have a usable porch uh in the in these neighborhoods when they were built already so close to the um to the setback. Uh the only way to really have a wraparound porch is to uh go beyond uh the setbacks themselves. Um it's not an undesirable change uh as discussed earlier and um again it is not um a request that is significant.

Um this porch will not be enclosed. Uh and the uh elements uh on the porch uh that are are to be used are uh porch furniture is not to be used for storage. Uh it'll be porch furniture, tables, uh grill, chairs, uh things of that nature. Um and and be wellmaintained. Um, with that, I make a motion uh for an area variance located at 671 Willow Lane uh to allow a front setback of 30 ft where 40 ft is required associated with construction of an additional uh 10T x 20 foot covered front porch on a 0.46 46 acre parcel having SPL065.13-2-11 located in R3 single family resident residence district under section 35012 of the code of town of Webster.

Do I have a second? Second. Okay. Mr. Shore. Hi. Mr. Spanata. Hi. Mr. Prescott. Hi. Mr. Mascara. Hi. Mr. Oso. Hi. Right. And you have your variance. Um you have uh you're going to have to get a revised uh building permit. You have one year to to complete the project. Thank you very much. Thank you. Good luck. Thanks. Next up, uh 297 Wellington Road. 297 Wellington Road. Applicant Eva Pledo. Eva Pledo. Eva Pledo. Uh and is requesting a 36 ft front setback where minimum required is 50 with the construction of an 8 by19 elevated walkway uh located in an R3 single family residential district. So what I'm looking to do is create a new walkway to the entrance of the front entrance of my home.

the sidewalk right I don't know if everybody is familiar with the little neighborhoods at near Dit but the homes come right out the doors open right out to the sidewalk sort of the front step is crumbling the sidewalk there is crumbling so I was looking for a way to um fix it and that's when I decided to have a little decking area it's not really going to be a sitting area is just a decking area with white posts, black railings just to provide a safer, prettier entrance to the home and to add some dimension. It seems to be one of the things they're doing a lot in our neighborhood is getting the little porches and so on.

So, that's what I'm looking to do. So, it really doesn't it doesn't change anything about um or impact the neighborhood. There's a lot of people doing very similar things in the neighborhood. The difference is, if you can see, they're a little bit elevated. Mine is not elevated. The front step is 5 in high, then it goes right to the sidewalk. So, it's once they put the decking area on there, it raises at 8 in. So, there'll be one step down, right? Um, I didn't really consider any other alternatives to fix it because I was looking for a certain aesthetic when I was doing it. I do have a question.

So, um, I think the application or the write up that I have indicated actually that's right. the um uh the survey indicated 36 ft from uh the right away or the road. Um however, if you do the math of 41.93 ft minus 8 ft, you come up with 33.93 ft. Right. So, well, this what what they're going to construct for me actually only goes over the existing sidewalk and step that's there. It does not go into the front lawn at all. So, so it's not I guess it is it going to be 8 ft wide or it will probably be about 7t wide. Yeah. Okay. I have the reason I'm asking is in if we say it's going to be 36 ft and you go 35 ft it becomes a problem.

It does. Yes. Right. So I want to make sure that when we are if we get that far and we're discussing what the actual variance is and I'm giving the dimensions I want to make sure I'm giving the right dimensions. Right. When I first came out to get the permit, even I thought the eight feet coming off the house sounded high. So, I did ask um him to come back out and reme-measure it. And he said it would 7 ft would be more than enough to just cover that walkway and the front stop. So, even that that would be at 35t 34.93 ft. So, all right. I think that's if if we're talking 7 feet then that's the number I will use instead of um because with 36 ft because I think the way it's written right now it would be about a 6ft porch the way all the information we have here would be about a sixft porch if I'm doing my I think I'm doing my math right.

Um, 6 ft wide, you mean? Correct. And it certainly could be. Yes. Mhm. Okay. Josh, quick question. If uh I know um I know the uh the agenda has it listed as 36 ft. Are we able to adjust that dimension or do we need to stick with that dimension? You would technically need to stick with what was advertised. Okay. And that's what we'll do. Okay. Okay. So, just so you understand, we're going to use 36 feet from the road. Um, which ends up giving you a 6 foot wide um walkway. All right. Mhm. U because that's what was advertised that that's what was out there. That would be that's fine. All right. Uh any any questions from the board?

Are you using composite documenting? Yes, that'll be the base of Yes, that'll be the base of it. How are they? So, they're going to go over your stud, right? And then they're not ripping up the concrete or nothing. They don't do anything. They just right over. Is it just They use footers. I mean, they're So, they're going to put some They are going into the ground a little. That's cuz they were talking about not going onto the lawn. So, I'm thinking how Well, he said he'd break up the sidewalk if because he'd probably have to do that. Yes. and you just didn't want to redo new concrete or anything like that to the existing some stamp or anything like that.

I grew up over there so I'm familiar with how small the lots could be and how hard difficult it makes to do anything. Other questions please open up to public if anybody wants to speak for or against. All right, bring back to the board. Any other comments from the board? If there's no other comments, I'd like to make a motion for a type two seek uh action under secret pursuant to NYCRR section 617.5 of the environmental code. Do I have a second? Second. Second. All those in favor? I I All right. Um so findings uh this really is not affecting the essential character of the neighborhood. Um a lot of the a lot of the houses in the area have already uh had these little these porches put on.

Um so this is not uncommon practice uh within the area within the uh character of these these neighborhoods. Um there really is no other uh remedy other than a concrete sidewalk. But then you do lose uh dimensionality. Um the existing property actually is already non-conforming uh with the setbacks as it already is. Um so again central character of the neighborhood uh is not being affected. Uh there really is no other remedy. Uh it is not significant. Uh it's it's going to run along the face of the house to the uh to the driveway. So, it's not really um there's not not a huge significance and it's not going to be tall.

Um there's no effect to the environmental uh or physical conditions of the area and does not encroach on uh property foliage. Um self-created at the end of the day, it's not self-created. um you know having some type of walkway uh because of the way the property was created uh would or would require a uh a variance regardless. Uh so this is really not uh not self-created in any way, shape or form. Does anybody else want to add anything else to the findings? No. All right. Then um with that, I'd like to um make a motion for an area variance located at 297 Wellington Road um to allow a front setback of 36 ft where 50 ft is required associated with the construction of a 8t by uh with a with the construction of an elevated walkway that'll be 19 ft long uh along the front face of the uh building.

The width uh if my calculations are correct would be about 6 feet. So again the front setback is 36 feet. Uh elevated walkway on a a 0.28 acre parcel having SPL 063.18-3-26 located in R3 family residential district under section 35012 of the code of town of Webster. Do I have a second? Second. Mr. Short. Hi, Mr. Mscar. Hi, Mr. Orso. Hi, Mr. Presa. Hi, Mr. Hi. All right. You have your variance. Uh, you will need a you know, you will need to get a building permit. You will need to um you have one year to to complete your project. That's right. Good luck. Okay. Great. Thank you. Thank you so much.

Uh, next up we have um 619 uh Apple Grove Circle. [Music] Thank you. 619, excuse me, Apple Grove Circle applicant Jamie Howley, uh, accompanied by Mark O'Donnell and Daniel Peters, uh, is requesting a 33.2 to rear setback where the minimum required is 55 ft with the construction of a 432 ft master bedroom addition located in the back of the dwelling located in an R2 single family residential district. Thank you. Uh my name is Dan Peters as you've uh uh introduced me. With me is Jamie Holly and Mark O'Donnell who both live at the property. Um, and as you said, we're requesting a variance for a rear yard setback.

Um, and uh, I just wanted to state, so it's on the record that I did pass out, which you folks have not seen, um, an aerial view of, uh, the neighborhood, I'll call it, to some degree, and I've highlighted some properties in there. Um the highlighted properties that are in there, um each one of those that I highlighted in blue, I know it's tough to see in there. Um have less than uh uh 50 foot rear yard setback in it. I don't know exactly what each one is, but every one of those have less than that. Um they could have variances. I don't know. I didn't re research that. I just wanted to give you some relevance.

And then there's two letters that I passed out to Mr. Short. Um both letters are supporting letters from the direct neighbors right next door uh that um have seen the plans and gone over the plans with them and don't have issues with them. Um but uh I just wanted to kind of walk through um uh character of the home and what we're proposing. Uh the character is a a simple singlestory vated um gable pitch roof edition that essentially is going to house their master bedroom suite. It is in that location because that's existing where their current master bedroom is which is going to become sort of an office uh home office and then they're going to extend out that end to provide a bathroom closet and a bedroom.

And then next to that bedroom, adjacent to it, um to the uh uh east side of it is an enclosed porch that they in the future will um want to use for a portion of it for a hot tub and uh to put that underneath it. Uh that porch would be at low level. Uh so it wouldn't be elevated onto a a deck. It would be uh down at the ground level. So a couple steps down to that. Um so that in in a nutshell is what we're asking for leniency here tonight. Um want to add considerations. So the layout of the existing home um it's feasible I think from where we chose to put it. The other alternative would be off the dining room which wouldn't really be workable with our home and how it's laid out.

And with the neighborhood being in a culde-sac, there's quite a bit of other additions that are local in that particular neighborhood that meet the same type of solution from that side of the homes that we see. So there really isn't any other feasible way for us to do it. I also the measurement that we're asking for leniency on is to the closest corner. It's kind of a trapezoid in the back and goes further away. So, if I were to take the measurement from the middle of the property, it would be pretty close to being within 50 ft. But because I took the closest corner, um, that's the worst case scenario.

Actually, we're also including on that a full basement. So, the basement will have an egress window for another exit and for safety um in that area. And there's a light or a window that will be installed down there, too. So, we chose to do a full basement versus the crawl space for additional um square footage for us to utilize for storage. There's no impact on drainage. We're using what's existing in the house. Nothing needs to be added to it. Um, we've self-created. We really just need more space. We have three kids are upstairs and they're loud. That seemed like the most reasonable spot. Get out from underneath them.

Yeah, exactly. The uh the exit from the basement is going to be to the I guess that would be the west. Is that correct? That's correct. Okay. And that's a a typical egress window with a egress window well with a built-in uh steps that are part of that. Gotcha. Thank you. Yep. That the the window sill will be is that 42 in? It'll be 42 or less, right? Okay. Does board have any questions? You got letters from 618 and 621, correct? Yeah, full size. Okay. What about 614? Honestly, they are never the ones directly behind us. We I think I've seen them three times. I've lived there years. So, I think they're actually just snowbirds.

I don't know how often they're there, but they're not real friendly even when they are mowing. So, and there's actually a row of trees between both of them. And us moving the deck actually creates more space because there's a really large deck there right now. Probably less than 15 feet from the property line. So, we're making more space by moving out. Right. I didn't mention that. So, thanks for saying that. But putting this addition on and removing the deck obviously makes it not as close to the property line as the deck is. And currently the house in its existing state doesn't even meet the required setback anyways cuz it's not 50 ft.

So yeah with the deck, right? Yep. Okay. Cool. Other questions from the board. I have a question if if there are no others from the board. Um you mentioned that this is going to have a full basement. Is that correct? Do you know what you intend to do with the spoils from the excavation of of the basement? Do you do you intend to utilize it on site or or truck it off? Yeah, we're going to use it around the site to to make drainage go away from the property from away from the dish. Okay. Um cuz we we've been having some issues with these types of additions. So, if you're going to be utilizing the soil on site, we're going to request that you provide us with a grading plan.

Um because what we found is that when people affect the grading, it tends to send storm water to neighboring properties and we have a few cases right now with um very similar projects of that happening to. So we're just trying to avoid future problems for you and your neighbors. I think we should probably confirm with we have Swingley. Going is already signed up to do it so we can have them put together. Yeah, we should probably confirm a quantity that they're going to stick or and keep or do they need to, right? I mean, I guess is a is a a question. The drawings call out just for positive drainage.

There's no grading on there. I don't have a grading. No, I guess my point I don't recall the site being heavily sloped or anything like that, right? So, no, it's pretty flat. So to to Josh's point, if if you start changing the grade and you're pushing the water away from the building itself, you are now affecting your neighbors. So, right, it you would be better served from the town's perspective to remove the soils from the site, right, and not utilize them on the property. Especially, I mean, you're going to have it's not going to be insignificant. I mean, it's it's a decent amount of silver and spoils, right?

Actually, the one of the reasons to do the basement, too, is cuz if we did the like a pad off the back, there'd be so much that we'd have to bring in to level it to the back of the deck that it would then create an issue. But with it going down underneath it and it's Yeah. But we can remove we I just want to be clear that as we grade around the building, we're going to grade away from the building. Sure. And I think, not to speak for you, Josh, but the concern is the neighbors right away. Now it's going to You can't shed all the water every to everybody's property. It's got to be absorbed by our own.

And only way you're going to be able to tell that is by a grading plan. Right. Yeah. Right. So, I think we should clarify with the builder what he intends to do. I I in the end, my draw for me, I don't want water coming in the I get it. in the basement. So, um, but I also don't want water going on the neighbor's property. So, I think in the end, um, can we talk to the builder and get back to you with his intention? If his intention is to, uh, use the soil on site, we can either mandate it be removed or get you a grading plant. I'll take this one. Yeah, I know. Right. I have a little bit. I can Does that work?

Yeah. I mean, Joshua, how would you um I mean, if if they're not going to use the spoils on site, um I mean, there there would be some spoils, I would imagine, used on site, regardless, right? But, you know, if the majority of it is being removed, are we going to need to see or that would be part of the requirement, the permit plan, right? Yeah. At the time of the building permit issuance, we would confirm which direction you're going. And at that time, if you decide to keep it on site, we would request to review a grading plan. All right. Any other questions, Josh? Nope. That was it. Thank you.

Uh, any other questions from the board? I'll open up to the public. And seeing that there's nobody here, I'll bring it back to the board. Um, and I'm going to make a a motion for a type two action under seeker pursuant to NYCRR section 617.5 of the environmental code. Do I have a second? Second. Second. All those in favor? Hi. All right. Um central character uh of the of the um property is or of the neighborhood is not being affected. Um as the the addition is mainly in the rear of the uh property. A small section will be visible from the street side but um the based on the plans provided the uh the addition is going to marry very closely to the existing structure that is there.

So the essential character uh is not going to change of the of the property as well as as of as as the neighborhood. Um as far as uh remedies uh realistically this is the only location to place um this addition just based on the layout of the existing uh property or existing building uh interior layout. Uh placing it anywhere else would not function as uh as the applicant um requires. Uh this is not significant. I mean there are additions and renovations uh throughout the neighborhood uh of similar. So this is not a significant uh effect to the to the neighborhood. Um there are uh no physical environmental conditions uh that are noted um from from the survey that was provided to us.

Um self-created in the in the fact that uh it is a a desire of of the applicant. Uh however uh it's not a significant uh effect to the to the neighborhood. So um does anybody else want to add anything to that? No. All right. I'll make a motion for an area variance. Oh, I did want to add one other thing is that um there are several other properties without a 50-foot setback um in the neighborhood as well as there will be a deck removed an existing deck that is within the 50 foot uh 55 ft setback um and it actually extends beyond uh what this addition will end up being. So, by doing this addition is actually reducing or increasing the setback from what is currently existing on the property.

Um, and with that, I'll uh make a motion for an area variance uh for 619 Apple Grove Circle uh to allow a rear setback of 33.2 2 ft where 55 ft is required associated with a construction of a 432 ft master bedroom addition uh to a single family dwelling on a 05 uh acre parcel having SPL 064.11-3-36 located in R2 single family residential district under section 35011 of the code of town of Webster. Do I have a second? Second. Second, Mr. Short. Hi, Mr. McGarrett. Hi, Mr. Oso. Hi, Mr. Prescott. Hi, Mr. Spanado. Hi. You have uh your area variance. Uh you will have to get a building perh building permit.

Uh as Josh mentioned, if you are going to use the spoils on site, you are going to need to uh have a grading plan uh provided. Um you have one year to complete the project. Thank you. Appreciate you guys. Thanks everyone. No, I can close up. All right. Um, with that, uh, that ends our, uh, zoning board of appeals meeting, uh, for May 13th.