Minutes

WEBSTER ZONING BOARD OF APPEALS MINUTES

Corrine Volo Michael Short

James Spampinato

Adam Prescott

Chris Centola

John DeMarco, Attorney

Katherine Kolich, Recording Secretary

Josh Artuso, Director of Community Development

Erika Corsi, Planner of Community Development

2025. Tonight, we have three scheduled matters and no tabled matters and then two

administrative matters at the end of the meeting. We do have proof of publication that was in the

Webster Herald and also on the town website. For this evenings meeting, there is a sign up sheet

at the door, please make sure you put your name and address and then anyone who speaks during

a public hearing will have 5 minutes. Then when we close the public hearing, the board will

discuss each application.

Call Roli/Pledge of Allegiance

Summary of Application Outcomes

SCHEDULED MATTERS

:

TWO-CAR GARAGE AND ADDITION

GARAGE ADDTION

MAINTAIN CHICKENS

e Nomore than 8 chickens allowed on property

e Roosters are prohibited

Pg. 69 April 8, 2025 Zoning Meeting

e Applicant shall appear before the Zoning Board of Appeals in October 2025 for 6-

month review of the Special Use Permit and report from Code Enforcement.

(CHRIS CENTOLA READ INTO THE RECORD)

& Deborah Cumpston are requesting an AREA VARIANCE to allow a front setback of 30’

where 50” is required and a side setback of 5’ where 15’ is required in associated with the

construction of an approximately 618 SF 2-car garage and residential addition on a 0.47-acre

parcel having SBL# 078.10-1-22 located in the R-3 Single Family Residential District under

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

Appearing before the board was Thomas & Deborah Cumpston. Debbie Cumpston: So, we

would like to expand our current living space into our current garage and add a two car garage

bumped out to the front to the east side of our property and following behind that to the right side

of our house to the south or to the north of our property an addition. We would like to do this

addition....we originally just wanted to do the garage, but we like to do an in-law apartment for

my mother. Not...it would just be a bedroom not a kitchen. She would have a handicapped

bathroom and access into our house.

and having granny so close to us and kind of mess up our whole design that we’re looking for to

keep an open concept. So, if we get granny behind the garage it seemed like a nice spot for here.

If we have to do the garage in that close anyway. It’s not 5 feet at the front it’s only 5 feet in the

one back corner.

[ Thomas Cumpston: And the reason it will be on the side so much is, so it won't be in the center

front of the house that’s the 11.2.

assuming just based on where the new garage is going. Are you going to put grass see or

landscaping or something like that.

so it would be a double.

new garage.

[ Pg. 70 April 8, 2025 Zoning Meeting

Town of Webster

NEW YORK | Est. 1840

Town of Webster Zoning Board of

Appeals

April 8, 2025

Property Address

Applicant

Representing Agent

Zoning District

Request

Proposal

4/8/2025

310 Colorado Drive

Thomas & Deborah Cumpston

Thomas & Deborah Cumpston

R-3 Single-Family Residential District

Requesting a 30’ front setback where minimum required is 50’ and a 5’

side setback where minimum required is 15’.

Construction of an approximately 616 SF 2-car garage and residential

addition.

EE

Relevant Sections of Town Ordinance

§ 350-12 R-3 Single-Family Residential District

§350-12B (5)(a) - Minimum setbacks: Front - 50 feet

§350-12B (5)(b)[1] - Minimum setbacks: Side - 15 feet

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Area Variance Standards Review Criteria

An area variance shall be granted only if the applicant can establish EACH of the following in

accordance with Section 350-101D(2)(b) of the Zoning Ordinance:

1. Whether an undesirable change will be produced in the character of the neighborhood or a

detriment to nearby properties will be created by the granting of the area variance.

2. Whether the benefit sought by the applicant can be achieved by some method, feasible for

the applicant to pursue, other than an area variance.

3. Whether the requested area variance is substantial.

4. Whether the proposed variance will have an adverse effect or impact on the physical or

environmental conditions in the neighborhood or district.

5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the

decision of the BZA but shall not necessarily preclude the granting of the area variance.

4/8/2025 7

Character of the Neighborhood

How is the requested variance consistent with the character of surrounding properties? How would

the request variance change the character of the neighborhood?

An area variance would not cause an undesirable change to the neighborhood. Visually, it would

update the look of the home. Although the addition would be closer to the property line on the north

side, it would be adjacent to the neighbors’ backyards, which is lined with trees. The second area

variance is to the east (or front) of the property facing Colorado Drive. The driveway would be

shortened by one car length, the result would be being able to park both vehicles in the garage.

4/8/2025 8

a

Alternates Considered

Describe all potential alternatives that were considered that achieve the same benefit but do not

require a variance or require a smaller variance. Why is the requested variance the only option to

achieve the benefit sought?

An addition is the best remedy to maintain one level and to blend in with the other homes in the

neighborhood. The home remaining one level is important for aging family members and avoiding

the use of stairs.

4/8/2025 9

a

Substantiality

How is the requested variance not a substantial deviation from the code requirements?

The variance request is minimal. The side yard setback requirement deviates by just 10 feet from

the required 15 feet, and the front yard setback requirement deviates by only 20 feet, where 50 feet

is required.

4/8/2025 10

(OT

Impact on Environment

How would the requested variance impact the surrounding neighborhood through potential

impacts such as drainage, traffic, circulation, dust, noise, odor, public services, etc. ?

The variance request will not have an adverse impact on the neighborhood as there would be no

need for removal of trees or other vegetation to construct the addition.

4/8/2025 11

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Self-Created Difficulty

How is the need for the requested variance not self-created?

Adding a 2-car garage and expanding the living space would benefit the number of persons living in the house.

4/8/2025 12

bringing her to the side.

where the existing garage is.

on that side.

would like to speak for or against this application . Please come to the podium and identify

yourself and then speak your opinion or your thoughts on the matter. Alright, seeing no one I

will return the discussion to the board.

RESOLUTION 25-0013 Corrine Volo made a motion TYPE II

Centola

VOTE:

Mr. Short ABSENT

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola AYE

Mr. Moscaret AYE

1. This request is not out of character in the neighborhood: There are other homes in the area

that have additions in that neighborhood. They’ re ail fairly narrow lots and so any addition

that’s required is going to go into the side setback.

2. There will not be a detriment created to nearby properties: None and the addition is actually

adjacent to the rear yard of the next door neighbor so I don’t believe it will be terribly

visible to that neighbor. It’s the least impactful location with respect to the rest of the

neighbors.

Pg. 71 April 8, 2025 Zoning Meeting

See

The benefit is not achievable by any other method: In order to maintain a single story and

have this accessible to your elderly parent and match the homes in the neighborhood the

single level in important which then dictates the size of the addition since I can’t stack it

up.

This request 1s not substantial:

There are no adverse physical or environmental impacts to the site or neighborhood: There

are non to the site or the neighbored hood.

not . The lot itself is unusually shaped and that it is wider in the front and pie shaped so

it’s quite narrow towards the back and there really us very little that can be done to the

house that doesn’t impact the size setback on that side of the home, but you are desiring to

put the addition on, so I'll call that a tie.

This is not an undesirable change: It is not and it’s going to match the character of the home

and the roof line of the house so it wil! look like it belongs. Anything else anyone wants to

add?

structure.

RESOLUTION 25-0014 Chris Centola made a motion for AREA

Applicant Thomas & Deborah Cumpston are

requesting an AREA VARIANCE to allow a front

setback of 30’ where 50’ is required and a side

setback of 5’ where 15’ is required in associated

with the construction of an approximately 618 SF

2-car garage and residential addition on a 0.47-acre

parcel having SBL# 078.10-1-22 located in the R-3

Single Family Residential District under Section

350-12 of the Code of the Town of Webster which

was seconded by: Corrine Volo.

VOTE:

Mr. Short ABSENT

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola AYE

Mr. Moscaret AYE

CONDITIONS:

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

Building Permit.

Pg. 72 April 8, 2025 Zoning Meeting

e That one-year significant construction shall expire April 8, 2026

Highway Department to get a permit for first.

(CHRIS CENTOLA READ INTO THE RECORD)

an AREA VARIANCE to allow side setback of 10’ where 15” is required associated with the

construction of an approximately 288 SF addition to an existing garage on a 0.40-acre parcel

having SBL# 065.13-2-45 located in the R-3 Single Family Residential District under Section

350-12 of the Code of the Town of Webster.

Appearing before the board was Dan Western. I am looking to get a variance to add onto the

garage 12 feet by

24. I will carry along the roof line exactly the same. I will reside the addition

with cedar shakes that are currently on the house and I wiil get new ones of course. Iam looking

to add on that 12 feet to give more space for my son and I and my daughters to increase our ability

to have some fun hobbies getting into woodworking and whatnot. My son has really taken off

with that so we wanted to be able to have a little bit more space to work.

because what I am seeing right here is, it says build to property lot line. So, I am assuming that

means right up to the property lot line or are you going to have a little space off of it.

now from the building to the property line. I want to go 12 feet so I’m looking for 5 foot variance

into that space.

Pg. 73 April 8, 2025 Zoning Meeting

ee

PROJECT —Garage Addition

Property Address

Applicant

Representing Agent

Zoning District

Request

Proposal

4/8/2025

1291 Millcreek Run

Dan Western

Dan Western

R-3 Single-Family Residential District

Requesting 10’ side setback where 15’ is required.

Construction of an approximately 288 SF addition to an existing

garage.

(0

Relevant Sections of Town Ordinance

Article ||| - District regulations

§ 350-12 R-3 Single-Family Residential District

§350-12B (5)(b)[1] - Minimum setbacks: Side - 15 feet

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Area Variance Standards Review Criteria

An area variance shall be granted only if the applicant can establish EACH of the following in

accordance with Section 350-101D(2)(b) of the Zoning Ordinance:

1. Whether an undesirable change will be produced in the character of the neighborhood or a

detriment to nearby properties will be created by the granting of the area variance.

2. Whether the benefit sought by the applicant can be achieved by some method, feasible for

the applicant to pursue, other than an area variance.

3. Whether the requested area variance is substantial.

4. Whether the proposed variance will have an adverse effect or impact on the physical or

environmental conditions in the neighborhood or district.

5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the

decision of the BZA but shall not necessarily preclude the granting of the area variance.

4/8/2025 17

Co

Character of the Neighborhood

How is the requested variance consistent with the character of surrounding properties? How would

the request variance change the character of the neighborhood?

The addition witl maintain the character of the neighborhood and will be constructed with the same

roof lines and sided with the same materials existing on the house.

4/8/2025 18

[nT

Alternates Considered

Describe all potential alternatives that were considered that achieve the same benefit but do not

require a variance or require a smaller variance. Why is the requested variance the only option to

achieve the benefit sought?

The space required for a car to fit in the additional space requires additional 12 feet of space.

4/8/2025 19

a

Substantiality

How is the requested variance not a substantial deviation from the code requirements?

There will be ten (10) feet of space maintained from the new addition to the property line.

4/8/2025 20

a

Impact on Environment

How would the requested variance impact the surrounding neighborhood through potential

impacts such as drainage, traffic, circulation, dust, noise, odor, public services, etc. ?

The addition will extend the footprint of the existing garage. Creating almost no environmental

impacts.

4/3/2025 21

a

Self-Created Difficulty

How is the need for the requested variance not self-created?

This is a self-created difficulty. Although minor due to the existing property lines.

4/8/2025 22

at all. I am not looking to put a garage door on the front, it’s just space.

on the house as well and a door on the back of the garage.

speak for or against this application you may step up to the podium. Okay, seeing no one I will

return the discussion back to the board. So, we are looking for a roughly single car addition by

12 feet x 24 with a side setback of approximately 10 feet.

RESOLUTION 25-0015 Corrine Volo made a motion TYPE ITSEQR

which was seconded by: Chris Centola

VOTE:

Mr. Short ABSENT

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola AYE

Mr. Moscaret AYE

The addition will be constructed according to the applicant with the same roof lines and sided with

the same martials so...and the fact that it will be consistent with other house in the area and will

not create any undesirable change in the essential character in the neighborhood. Based on the lot

it self there does not appear to be any other remedy other than where it’s located to bump out

usable garage space. The variance request in not significant based on the current layout of the

house, building, and the land. The required area variance is not substantial because there’s still 10

feet of space maintained between the proposed addition and property line. There are no detrimental

impacts on the environment or the environmental conditions of the neighborhood and although it

is self-created by the request the existing property lines were there and there is no other buildable

option that would allow them to create the same that they need.

RESOLUTION 25-0016 Corrine Volo made a motion for AREA

VARIANCE 1: Located at 1291 Millcreek Run.

Applicant Dan Western are requesting an AREA

VARIANCE to allow side setback of 10” where 15’

Pg. 74 April 8, 2025 Zoning Meeting

is required, associated with the construction of an

approximately 288 SF addition to an existing garage

on a 0.40-acre parcel having SBL# 065.13-2-45

located in the R-3 Single Family Residential

District under Section 350-12 of the Code of the

Town of Webster which was seconded by: Chris

Centola.

VOTE:

Mr. Short ABSENT

Mrs. Volo AYE

Mr, Spampinato AYE

Mr. Prescott AYE

Mr. Centola AYE

Mr. Moscaret AYE

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire April 8, 2026

(CHRIS CENTOLA READ INTO THE RECORD)

a SPECIAL USE PERMIT to allow no more than 8 chickens on a 0.60 acres lot where 5 acres

is required, and a roadside produce stand on a 0.60-acre parcel having SBL# 064.01-2-12 located

in the R-2 Single Family Residential District under Section 350-40, Section 350-72(A), and

Section 350-75 of the Code of the Town of Webster.

Appearing before the board was Mary Zindle. I am here requesting a Special Use Permit to

maintain my chickens at 747 Herman Road. I have 7 girls at this time, and I do not have any

roosters. My girls are for eggs and companionship as well as for the lessons in stewardship for

my daughter who is 5 years old. They are quiet and at most you will hear them sing their egg

laying song and at the risk of embarrassing myself at a public forum I will not sing it for you but

when you hear them going it’s because they’ ve either laid an egg or they are about to lay an egg,

and they would like to tell the entire world.

My neighbors right next door to me have described them as very sweet and totally harmless.

They have more than enough space within their coupe as within their enclosed run. I know that

I already mentioned that I have them for their eggs, but I would like to emphasize that I do not

have them for meat. They all have their own names. They are very much pets. Let’s see, what

else can I tell you. The coop is right next to my house so it’s roughly the same color. It’s right

next to my house and I keep it there because this really nifty nook if you will from the back of

Pg. 75 April 8, 2025 Zoning Meeting

a

Chicken Coop Photos

4/8/2025 26

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Character of the Neighborhood

How is the requested variance consistent with the character of surrounding properties? How would

the request variance change the character of the neighborhood?

The neighborhood maintains a boastful farm/agricultural character. Between the many farm

houses, garden plots overflowing with produce, and various livestock spanning several properties,

the home and chicken fit right in.

4/8/2025 29

Relevant Sections of Town Ordinance

§ 350-40 — Livestock. - No lot may be used or occupied, and no structure may be

erected, maintained or used for the harboring or raising of pigeons, swine, goats, rabbits, cows,

horses, poultry, foxes, mink, skunks or other nondomestic animals. Notwithstanding the

foregoing, nothing herein contained shall prohibit the raising of domestic animals or poultry on

any farm in the Town of Webster.

|

Property Address 747 Herman Road

Applicant Mary Zindle

Representing Agent Mary Zindle

Zoning District . . , wb eget

R-2 Single-Family Residential District

Request Requesting Special Use Permit to maintain 8 chickens on a

0.06-acre parcel.

4/8/2025 23

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Alternates Considered

Describe all potential alternatives that were considered that achieve the same benefit but do not

require a variance or require a smaller variance. Why is the requested variance the only option to

achieve the benefit sought?

Current zoning regulations require a minimum of 5-acres for keeping of chickens, and the property

is .65 acres.

4/8/2025 30

ST

Substantiality

How is the requested variance not a substantial deviation from the code requirements?

The small footprint of the coop sits within the fenced in portion of the property.

4/8/2025 31

Impact on Environment

How would the requested variance impact the surrounding neighborhood through potential

impacts such as drainage, traffic, circulation, dust, noise, odor, public services, etc. ?

The chickens will have minimal impact on the natural and physical environment. The chickens and

chicken coop are consistent with neighboring coops.

4/8/2025 32

a

Self-Created Difficulty

How is the need for the requested variance not self-created?

The alleged difficulty is self-created, although when purchasing the property there was no reason to

believe chickens were prohibited, given the multiple other chickens and livestock harboring

properties on the same street.

4/8/2025 33

my home that helps to weather proof the area with the wind that we get, and this helps to jeep

them warmer and protected from that. It’s also out of sight and for a long time. There was

nothing but woods between me and the neighbors on that side.

The run, you can’t really see it which is kind of the point. The run is topped with bird netting,

and you can kind of see it in the right hand photo there and it is also fenced in. The bottom part

is also fenced in with chicken wire along the fence itself. What more can I tell you from

there....Oh right, so the neighborhood boasts a farm and agricultural character all around, all up

and down Herman Road; Pellet Road; Van Alstyne; Drumm; Shoemaker. It goes on and it’s very

farmy. In fact, the homes. We’li say stage left of mine, three of them have chickens. Right next

door they have 5 or 6 really sweet, really cuddly chickens and next door to them there’s an entire

barn of livestock, chickens; geese; some roosters and some sweet sheep. Next to them there are

more poultry and then of course there’s the entire neighborhood flock of turkey that roam about

for several month out of the year every year. So, I believe with all of that my chickens fit right

in. with the neighborhood.

of the point. If you walked up to it, it’s so it’s all black but if you walked up to it, you could see

it and even touch it. In truth, in hopes of not complicating things more, I would like to build

them a new coop this summer and I would like to have an enclosed run for it, but [haven’t figured

out plans for that quite yet. I wanted to see how this meeting goes of course but it is covered right

now.

animals, how big are their lots compared to yours.

at least 5 acres I should say as well as the properties next to them and I realize that I have a smailer

property and please forgive me and thank you for correcting it. In my application I wrote .65 and

that was an oversight on my part. It is .6 as you guys corrected in the postcards. So, I realize that

I have a smaller property, and I do realize that the neighbors do have 5 acres or more. I’m also

aware that I have more than enough space to keep healthy, safe, and well-cared for chickens. My

chickens are not posing any trouble or nuisance, and they do fit in with the neighborhood

character so it is my hope that I can get a special use permit that will help me keep them in my

smailer lot.

Pg. 76 April 8, 2025 Zoning Meeting

town code, do you think it would be...... if, let’s say you did get this approved everything, do you

think it’s tight that everybody should have the same thing if they have a smaller say smaller than

you do, do you think it would do anything to the whole town.

have a 5 acre lot so they can have more room. So do you think that the house that sites on .04

acres should also get approved if you get approved for the way the town looks.

have to go through the Building Department process correct.

that.

NOT HEAR VERY WELL, NOT SPEAKING INTO THE MIC)

a fixed to the ground and it meets the definition of a building. My initial inclination is that this

would not require a building permit, or even a new coop.

say you are going to do.

Pg. 77 April 8, 2025 Zoning Meeting

there anyone who wishes to speak for or against this application. If you could please approach

the podium and identify your name and address and then state whatever your comments are

please. Seeing no one I will return the discussion to the board. Before we continue, as part of

the public comment, we do have several letters of support from neighbors surrounding the area.

(SEE|ATTACHED LETTERS) They are all in favor of it

RESOLUTION 25-0017 Corrine Volo made a motion TYPE II SEQR

which was seconded by: Chris Centola

VOTE:

Mr. Short ABSENT

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola AYE

Mr. Moscaret AYE

chickens on a 0.5 or .6 acre parcel....0.6 acres and we also had a similar special use permit on

Maple Drive, and I believe they have the ability to keep up to 12 chickens; no roosters at either

of those occasions on a 1.9 acre parcel and again we also have three houses and the next three

addresses also in the area so just making note of that for...from previous board activity.

a rooster or are you okay with having...

They’re also right beneath my bedroom and I would not like to be awakened at 5:00 am.

in Hawaii but they can be here. Maybe it’s winter, I don’t know why.

did we have some type of check in time frame.

back before them at a certain period of time up to the board’s discretion to get a report from our

Code Enforcement Officer just to ensure that it’s not creating any issues and then the board has

the ability to extend the permit up to a totai of five years based on that. That’s typically how

they’ ve handled it.

Pg. 78 April 8, 2025 Zoning Meeting

é me Benjamin E, Wisniewski, Esq.

ys jl Til “oO Wisniewski Law PLLC

1150 Crosspointe Ln Ste 2

Webster, NY 14580

A\M44) Ay Office (585) 364-1764

op Se bew@bewlawfirm.com

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VIA Email

March 17, 2025

Town of Webster Zoning Board of Appeals

Via Applicant Mary Zindle

747 Herman Road

Webster, NY 1480

Dear Webster Zoning Board of Appeals,

(am an attorney, but | do not represent Ms. Zindle, and do not write as her legal

representative. Instead, | write as her neighbor residing at 756 Herman Road. Please let this

letter demonstrate my strong support for her request for a variance from the requirement that

farms be greater than 5 acres in size to raise chickens. See Webster Town Code Sections 350-40

and 350-75.

As a neighbor, | am familiar with Ms. Zindle’s chickens, and the much larger prior

existing farms just down the road from her at 715 and 735 Herman Road. | have never thought

to complain of the multiple neighbors harboring farm animals because frankly it is not

troublesome in any way.

Further, our corner of Webster has a distinct character that is largely rural and

agricultural. Many of the structures are hundreds of years old, and were used as farmhouses,

barns, or chicken coops until relatively recently in the town’s history. Indeed, the structures at

728 and 730 Herman Road currently used as apartments are known by older residents as the

“chicken coops”, as that is precisely what they used to be. Keeping animals is simply part of the

existing, distinctive character of the Herman and Pellett Road neighborhood.

To be clear, Ms. Zindie’s proposed use is fully consistent with the existing character of

Herman and Pellett Road and should be allowed. The noise created by the chickens is minimal,

and in my opinion, pleasant. | have lived on Herman Road since 2018 and know many of my

neighbors. None have ever complained about the noise from Ms. Zindle’s chickens, or noise

to continue keeping her chickens simply will not have any adverse impact on the surrounding

from the livestock at the larger farmsteads just down the road from her. Ms. Zindle’s proposal

[ community.

Please do not hesitate to contact me if you have any questions about this letter.

Be well,

Benjamin E. Wisniewski, Esq.

Webster Town Offices

Webster, NY 14580

re: Mary Zindle chicken ownership

To whom it may concern,

We are direct neighbors of Mary and have had, nor would have, any reservations

with her maintaining

chickens on her property. Raising chickens is a great learning opportunity for her

daughter, and does

no harm.

The birds are very docile and don't make any noise that we have noticed while living

directly next door.

Please feel free to reach out to us with any further questions or concerns.

Thank you for your consideration,

Brian and Christine Ferry

745 Herman Rd

Webster, NY 14580 ° > 1, 5

[5]

I

Special Use Permit Standards Review

Criteria

Before granting approval to any special permit use, the Zoning Board of Appeats shall determine whether the proposed

special use will, among other things, satisfy the following considerations Section 350-103D of the Zoning Ordinance:

1. The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use

districts.

2. The public health, safety, general welfare or order of the Town will not be adversely affected by the proposed

use in its location.

3. The use will be in general harmony with and promote the general purposes and intent of the most recent

Comprehensive Plan of the Town and the Zoning Ordinance (Chapter 350).

4. The proposed use will not interfere with the preservation of the general character of the neighborhood in which

such building is to be placed or use is to be conducted and that the proposed use will, in fact, be compatible

with its surroundings and with the character of the neighborhood and of the community in general, particularly

with regard to visibility, scale and overall appearance.

5. The physical characteristics and topography of the proposed site make it suitable for the proposed special use.

6. The proposed special use provides appropriate landscaping and/or other forms of buffering to protect

surrounding land uses.

4/8/2025 27

LINDA HERMANS

1 (585) 705-4222

luiddhermanssG@gniad.com

794 Herman Rd Webster, NY 14580

Webster Town Zoning Board

Mareh 16, 2025

1000 Ridge Rd

Webster, Ny 14580

CONCERNED NEIGHBOR OF MARY E ZINDLE

Dear Webster Town Zoning Board,

[am writing lo vou to share my view on the filed compliant regarding my kiddie corner

neighbor. Mary Zindle and a coop of chickens, My family has been neighbors with Marv for over

G years. Mary's property is a long narrow footprint. they live ina country farmbouse built in

1920. Mary has always been a respectful and kind neighbor. She is one of the most

compassionate and thoughtful humans | have encountered. She is also a wonderful mother as |

have seen her teach her daughter about pole heans from seed, to flower, to harvest.

The first time | was on Herman Rd was 2017, waiting to meet our realtor. | right away felt this

neighborhood was a special part of Webster, it had a more rural farm feel situated on the edge of

a forest. With the old growth trees, right out our -soon to be back door and the crowing of

roosters that were coming from multiple houses of our soon to be neighbors-! felt right at home.

I grew up in Ontario, 1/2 mile from the lake on a 3 acres hobbie farm. We always had chickens,

Caring for them was one of the most positive and influential experiences | had as a young girl. |

still have the ege basket | used to callect eggs in 45 years ago. You do not save money by having

chickens. You have them for the enjoyment of their curiosity, personality and the treasured egg.

Chickens in backyards have been part of the American way since before WWI in 1914.

On the windy night of Tuesday, March 1th we were walking on Matlard Trial. Mary and her 5

year old daughter were approaching us. | heard a litte voice Wraveling with the wind, “Excuse me

please, have you seen a chicken?" Her love for this creature and her determination to find he

were clear as the concise words she spoke. We let them know, as a good neighbor would, we

would be on the Jookeut so her chicken could get back safely into her coop. Right after our walk

Iwent down to the basement to find my treasured old egp basket. | reminisced and felt the bliss

and wonder chickens gave me, What came first the chicken or the egg?

Aly purpose writing this letter is to give support for my neighbors at 747 Herman Rd to be

allowed to keep the chickens. The litte girl with the lost chicken had a brave strong voice

because of love, My wish is that she can continue to learn from the experience of having

Chickens = leaving positive memories to lasta lifetime-and not have the trauma of them being

taking away from her. This would be unjust action as chickens have been a part of our dlerman

Read neighborhood long before and noted since the time we moved in 2017,

All the Best. Linda Hermans

3/15/2025

[ \, William Roback residing at 748 Herman rd. in Webster NY approve of Mary Zindle

residing at 747 Herman rd. to possess chickens on her property

Regards, William Eclipse Roback Jr

1) Use amet ON ;

3/16/2025

Town of Webster Zoning Board,

|, Joseph W. Roback residing at 744 Herman road in Webster have no issues with my

neighbor Mary Zindle who resides at 747 Herman road to possess chickens on her property.

Sincerely,

Joseph W. Roback

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CONSISTENCY WITH EXISTING COMMUNITY CHARACTER:

The Herman Road and Pellett road area has a distinct character that is largely rural and

agricultural. The land north of Herman Road is zoned LL, and agricultural activities such as

poultry raising are allowed. Many of the structures on Herman Road are hundreds of years old,

and were used as farmhouses, barns, or chicken coops until relatively recently in the town’s

history. The structures at 728 and 730 Herman Road currently used as apartments are known by

older residents as the “chicken coops”, as that is precisely what they used to be. Keeping

chickens is fully consistent with the existing land uses ali around my property.

Thank you for your time and attention to this matter.

Respectfully,

Mary Zindle

RECTED

MAR | B

vis

i ia

item.

Somebody should make those findings.

criteria. So, whoever makes the motion. I just want to be clear on that.

Alright, the first one (SEEJATTACHED AS SHOWN ON’THEISCREEN) we can discuss each

one as we go.

criteria so whoever makes the motion. I just want to be clear on that.

first one is...

) I will say that the chickens have been there for 6 years. When I visited

the property other than seeing one sitting quietly on the other side of the fence, I would not have

known that there were chickens there so I would say that this would meet that criteria. Number 2:

Again, I don’t want to dominate the conversation, but I would agree with that in that instance .

Number 3: That section of town I believe is part of the large lot district for what little land is left

and the large lot district when it was instituted within the town was to promote and I wont say

necessarily farm like activities but larger and more spacious; more country side types activities

and types of living and within that neighborhood of Herman and Drumm. If I go over to Van

Alstyne to Whiting and Shoemaker, it does kind of fit this character. Number 4: I would say we

meet that as well. Number 5: Anyone have any comments on that. To me the location is logical

because it is in a little nook and there is a wooded area to the east of it ...to the left. Number 5:

OK. Number 6: The applicant does have a fence around of the entire area and around the entire

yard, rear yard as well as the actual chicken coop area is fenced in. So, I would say that we also

meet that criteria as well.

(SEE ATTACHED-NEXT SLIDE PAGE 28): Number 7: I would say as long as the size of the

flock is limited to 8 at this point and time. They have been there, and it appears to be sufficient

in that they have lived there, I guess I will say discreetly for several years. Number 8: It is not

going to increase traffic it is strictly a residential neighborhood and using this for her own family

and the rest of them is not appropriate. Ok, which one of you two are going to make the motion.

Any other comments. Alright, how do I make the motion for this one.

Pg. 79 April 8, 2025 Zoning Meeting

Od

Special Use Permit Standards Review

Criteria

7. The property has sufficient, appropriate and adequate area for the use, as well as reasonably anticipated

operation thereof.

8. Access to facilities is adequate for the estimated traffic generated by the proposed use on public streets and

sidewalks so as to assure the public safety and to avoid traffic congestions

9. Adequate parking and internal traffic circulation can be accommodated on the property in compliance with other

sections of the Code, taking into account adequate buffering and landscaping.

10. Adequate facilities exist or can be integrated into the site development to properly deal with stormwater runoff,

sanitary sewers, fire protection, electrical power needs, refuse or other waste that may be generated, odors,

noise or lights which may go beyond property boundaries.

11. The natural characteristics of the site are such that the proposed use may be introduced on the property without

undue disturbance or disruption of important natural features, systems or processes and without negative

impact to groundwater and surface waters on and off the site.

12. The proposed use can and will comply with all provisions of this chapter and of the Code which are applicable

to it and can meet every other applicable federal, state, county and local law, ordinance, rule or regulation

4/8/2025 28

[

RESOLUTION 25-0018

Corrine Volo:

e No more than 8 chickens

Corrine Volo made a motion for AREA

VARIANCE/SPECIAL USE PERMIT Located

at 747 Herman Road. Applicant Mary Zindle are

requesting a SPECIAL USE PERMIT to allow no

more than 8 chickens on a 0.60 acres lot where 5

acres is required, and a roadside produce stand on a

0.60-acre parcel having SBL# 064.01-2-12 located

in the R-2 Single Family Residential District under

Section 350-40, Section 350-72(A), and Section

350-75 of the Code of the Town of Webster which

was seconded by Chris Centola.

e Chickens will remain contained so that they are not impactful to the surrounding neighbors

as best as they can be. I don’t know if chickens run away or not.

¢ The permit will not allow a rooster at the location and only for chickens.

e There will be a 6 month follow-up, if the board does determine to grant this and at some

point, and time towards the end of the 6 months, we would expect the Code Enforcement

Officer to evaluate the use and then bring it back to the board to discuss it. Allowing the

use to continue or make modifications as required based on his findings.

VOTE:

CONDITIONS:

Mr. Short ABSENT

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola AYE

Mr. Moscaret AYE

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

Building Permit.

No more than 8 chickens.

Chickens are to remain contained.

Roosters prohibited.

Sixth month follow-up with Code Enforcement.

The town will notify applicant for the follow-up.

Pg. 80 April 8, 2025 Zoning Meeting

have to appear back in front of the board just as a review.

notify Code Enforcement to put this one their calendar for 6 months.

agenda.

the matters for Zoning Board of April 8°. We do have two administrative matters, and the first

one is the one you a

ADMINISTRATIVE ITEM:

e One year review of 877 Maple Drive Special Use Permit (23-ZB-0008)-Construction of

chicken coop. Property was granted an increase of chickens from 6 to 12 in April 2024.

Nicholas Sereni at 877 Maple Drive

Compliance officer that today and this is at the end of March. Does anyone from the board have

any comments or questions.

notice the one year status report .

been no complaints regarding the chickens kept at 877 Maple Drive and allow them to continue

and their increase of chickens from 6 to 12 until April 2028...which would be 4 years from the

initial date of approval. Ok, 5 years

and this is my question for the attorney. At the end of that 4 years window OR Josh, the

Pg. 81 April 8, 2025 Zoning Meeting

Town of Webster

Code Enforcement

1000 RIDGE ROAD - WEBSTER, NEW YORK 14580

3/31/2025

Members of the Zoning Board of Appeals,

To date I have received no complaints regarding the chickens kept at 877 Maple Drive, which were

granted a Special User Permit by this board. Please accept this report as my favorable

recommendation for the resident to maintain the Special Use Permit for the remainder of the five-

year period.

Sincerely,

mal

Justo Santiago

Town of Webster

Code Compliance Coordinator

applicant in order to maintain the flock would need to start the approval process again and apply

for a new special permit.

can keep your chickens.

driveway for eggs or honey would I need or is there a different permit that I have to do for that.

roadway and having off street parking available. In certain circumstances if you meet the criteria

it is allowed.

got my original Special Use Permit, I didn’t require a building permit as well.

permanently

humans aren’t habitating in there, then I think you’re good.

RESOLUTION 25-0019 Chris Centola made a motion to EXTEND THE

SPECIAL USE PERMIT FOR 4 YEARS

FROM THE ORIGINAL APPROVAL DATE

TO EXPIRE ON April 8, 2029 which was

seconded by: Corrine Volo.

VOTE:

Mr. Short ABSENT

Pg. 82 April 8, 2025 Zoning Meeting

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola AYE

Mr. Moscaret AYE

e Approve meeting minutes for March 11, 2025 (VOLO/CENTOLA)

e Since there are no further applications before the Board, Corrine Volo adjourned

tonight’s meeting at 8:00 p.m.

Corrine Volo, Secretary

Katherine Kolich, Recording Secretary

JUL 9°25 av9:30

FILED WEBSTER THN CLK

Pg. 83 April 8, 2025 Zoning Meeting

make sure you don’t get straight run because those are...you’ll never know. So, with that, |

would like to make a motion.

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, 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. I’ m just....1 don’t know how the rest of the board feels about it but that

would be my position on this.

don’t have a history of making noises, you said.

are....they’re not raised for egg laying or for mean. They’re literally just the little, tiny fluffy

ones that look like they’re poodies. So, 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 but 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.

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 that it might be muffled. We got more trees,

or it won’t raise as much because to his point, you are in a very tight residential area, and it sounds

like the neighbors don’t come out but maybe they will start coming out more to greet you. Is

there an area that might suite better to kind of hide that a little bit. I feel fike all the way toward

the back fence because then, as you can see, the neighbors will also have their entire yard before

it reaches their house. 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 they way in the back.

be close to the house?

Pg.99 May 13, 2025 Zoning Meeting

moving forward that it be the placement of where it goes is equally important.

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 moved. Any other...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 rattle each other up. So, any other comments or questions.

it out because if it changes, people renting, will that be a problem too with the area that you might

be picking.

have it rented for a few months and then it’s empty for a year. So, it’s kind of hard to say when

or if he would get another renter.

right.

I think unless the board disagrees, I think we should limit it to the hens. No more than six. We

are going to do a one year variance on this. This way, you know, you'll have to come back in

a year from now. See how things have gone with your neighbor, and I can tell you in the past,

we've had when the variance was up for renewal, we’ ve had neighbors come in and speak against.

So, be cognizant of that. Okay, it’s always recommended to have good conversations with your

Pg. 100 May 13, 2025 Zoning Meeting

[

neighbors and if you’re getting eggs, give your neighbors some free eggs, that always helps.

RESOLUTION 25-0026

VOTE:

Michael Short made a motion TYPE II SEQR

which was seconded by: James Spampinato.

Mr. Short AYE

Mr. Moscaret AYE

Mr. Accorso AYE

Mrs. Volo ABSENT

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola ABSENT

This special use will not prevent or reasonable use to adjacent properties. We are talking about

six hens. Animals do make noise and that has been a concern along with other animals, predators

coming into the property. The applicant has indicated that she will be providing an enclosed

chicken run as well as a couple with wire netting throughout. This does not cause a public health

issue. This is a more common use and occurrence in the town of Webster. It will not interfere

with any preservation or general characteristics of the neighborhood. The physical characters and

topography of the proposed site, there is no issues there.

RESOLUTION 25-0027

VOTE:

CONDITIONS:

Michael Short made a motion for SPECIAL USE

PERMIT Located at 255 Princeton Rd. Applicant

Jessica Tierney is requesting a SPECIAL USE

PERMIT to allow a 12’ x 8’ chicken coop and no

more than 6 hens on a 0.28- acre parcel having

SBL# 063.18-4-3 located in the R-3 Single Family

Residential District under Sections 350-40, 350-75

and 350-103 of the Code of the Town of Webster

which was seconded by Anthony Moscaret.

Mr. Short AYE

Mr. Moscaret AYE

Mr. Accorso NAY

Mrs. Volo ABSENT

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola ABSENT

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

Building Permit.

e That one-year significant construction shall expire May 13, 2026

Pg. 101 May 13, 2025 Zoning Meeting

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

5. MAINTAIN CHICKENS: Located at 555 Hills Pond Rd. Applicants David and Melissa

Phelps are requesting a SPECIAL USE PERMIT to allow a4’ x 4’ x 4’ premade chicken

coop and no more than 5 chickens on a 0.30-acre parcel having SBL# 063.20-2-58 located

in the R-3 Single Family Residential District under Sections 350-40, 350-75, and 350-103

of the Code of the Town of Webster.

Appearing before the board was David Phelps. Good evening. I am looking for a special use

permit for a chicken coop for five hens and no roosters or rooster I should say. These are going

to be used to provide eggs for my family, my growing boys and also a good learning exercise for

them growing up as young adults.

I have done a lot of research on chickens; my family has done a lot or research on chickens and

understands what the responsibility is there. We're looking to purchase a pre-made plastic, nice

looking plastic, insulated unit/coop that has a run attached to it with a lid over top of it. Ido have

pictures if somebody wanted to see it, but the intention is to place it adjacent to my shed. The

red square there is a little bit to the west more than what I intend on doing and it’s actually going

to be in part of what my garden is right now and right next to the shed.

I have talked to my immediate neighbors to the east and west of my house along with others as

you continue down the road and across the street. They were all in full support of it. I have not

talked to the owner of the undeveloped 7 acre parcel behind my house, but I have a good

relationship with him, and I don’t believe there would be an issue there. I do not think this is

going to impact the character of the neighborhood at all. Again, no roosters. ] want to reiterate

that and for egg consumption. I do not intend on selling the eggs in a cart at the front of my house

or anything like that.

free range in my backyard either.

enclosed within the chicken run.

few feet about a 4 foot total height. Again, I have pictures if you want to see what it looks like.

with your neighbors. It makes it a lot easier from our standpoint. I don’t have any questions.

Pg. 102 May 13, 2025 Zoning Meeting

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RESOLUTION 25-0028

VOTE:

Michael Short made a motion TYPE II SEQR

which was seconded by: James Spampinato.

Mr. Short

Mr. Moscaret

Mr. Accorso

Mrs. Volo

Mr. Spampinato

Mr. Prescott

Mr. Centola

AYE

AYE

AYE

ABSENT

AYE

AYE

ABSENT

Findings again, similar findings at the end of the day, this is a having hens on one’s parcel 1s

becoming more commonplace and based on the applicants description of what he is presenting

and what he is going to have he is making sure that the public is going to be safe and that

there’s not any health hazards that would come with maintaining the chickens in the area. The

use will not prevent any adjacent properties from use of their properties. The use will be in

general harmony with the areas. The applicant has had conversations with his immediate

neighbors with no adverse conversations. They were all supporting the applicant in pursuing

this variance. It’s not going to interfere with any preservation character of the neighborhood.

This is in the back of the lot, so it will not even be seen, and the hens will be enclosed in their

chicken run and in their chicken coop.

VOTE:

RESOLUTION 25-0029

Mr. Short

Mr. Moscaret

Mr. Accorso

Mrs. Volo

Mr. Spampinato

Mr. Prescott

Mr. Centola

AYE

AYE

NAY

ABSENT

AYE

AYE

ABSENT

Michael Short made a motion for SPECIAL USE

PERMIT Located at 555 Hills Pond Rd. Applicants

David and Melissa Phelps are requesting a

SPECIAL USE PERMIT to allow a4’ x 4 x 4’

premade chicken coop and no more than 5 chickens

on a 0.30-acre parcel having SBL# 063.20-2-58

located in the R-3 Single Family Residential District

under Sections 350-40, 350-75, and 350-103 of the

Code of the Town of Webster which was seconded

by James Spampinato.

Pg. 103 May 13, 2025 Zoning Meeting

CONDITIONS:

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

Building Permit.

® That one-year significant construction shall expire May 13, 2026

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

6. GARDEN SHED: Located at 440 Locust Hill Dr. Applicants Cheryl and Matthew

Lawless are requesting an AREA VARIANCE to allow a 64SF wooden garden shed in

the front yard, which is not permitted, on a 1.3-acre parcel having SBL# 063.06-1-25.11

located in the R-1 Single Family Residential District under Sections 350-10 and 350-47 of

the Code of the Town of Webster.

Appearing before the board was Cheryl and Matthew Lawless. We live in the fourth out of five

houses on a private drive, Locust Hill Drive. None of our property abuts any public roadway and

we are asking for a shed in the front yard because there is really no other place to locate it. Our

house is a 1950 built house and it’s on a very large lot. It’s an acre and half or more and yet only

half of the lot is upon top of the hill and the and the rest of it is a steep slope going down facing

the lake. So, the house has always had a garden in the front yard since it was built and there are

a lot of mature trees and landscaped things so the essential character of the neighborhood is not

going to be changed by a small shed. There is really no other place to locate it because the side

yards are too small and too narrow and they also have mature trees and it would have an impact

on both neighbors on with side, so we wouldn't do that. It’s really not possible to locate it to

what is considered our rear yard because that is the lake side of the house, and it is a fairly small

yard and anything we put there would have a visual impact on all of our neighbors, so we

definitely don’t want to do that.

It's really not a Significant ask for an 8 x 8 shed because the total lot is an acre and a half and the

front yard is 175 feet deep by 100 feet wide. So, the 8 x 8 shed will only take up less than 1 % of

the area of the front yard. It’s going to be tucked under trees so that there will not be that much

visual impact and we intend to have a nice looking shed. My husband said it’s going to be a she

shed. Well see. But we still have to store stuff in it. There are some similar front yard sheds not

too far from of us Lake Road at different and various addresses on Lake Road so it not asking for

something that hasn’t been done before.

It’s a small shed; no impact on the environment; no electricity; no drainage issue; and I] guess

it’s sort of self-created because I want one, but we have a 1950 built house that doesn’t have a lot

of storage, so we are really going to use it for storage of lawn and property maintenance and tools

and things. I did notify the neighbors on Locust Hill Drive and everybody whose property abuts

ours and sent them a copy of the application and all the pictures and everything and | heard back

from almost all of them that they were thrilled. So, are there any questions.

Pg, 104 May 13, 2025 Zoning Meeting

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that your backyard because yours faces the water. The people say the water is the front yard. The

only reason I say that is because my family had a house on Shipbuilders Creek and they always

say the front was the water side so wouldn’t you technically be putting in the backyard?

a lot of times the lake is considered the front, and the road side ends up being the back . Though

that’s not how the code reads. That is a lot of times how we interpret the code or how we look at

the variances for the spaces is really what it comes down to. It looks like you are going to keep

the shed about 10 feet off your property line is what you letter had indicated.

those correspondents. I don’t need them here but if you those correspondents, can you share them

with the town so they can keep those.

RESOLUTION 25-0030 Michael Short made a motion TYPE II SEQR

which was seconded by: Anthony Moscaret.

Mr. Moscaret AYE

Mr. Accorso AYE

Mrs. Volo ABSENT

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola ABSENT

Essential character of the neighborhood as I was mentioning earlier, it’s a unique property and its

on the water. So, having a shed on the defined front yard is not uncommon for a house that is on

the lake. It is common practice. The applicant has had conversations with all the neighbors that

did not have any issues with the shed being placed on the street side of the property. The shed that

is being presented is not going to have or be a detriment to the neighborhood. It is a nice looking

shed and it is on a private drive. So, the essential character is not going to be affected for the area.

No other remedy, trying to place the shed on the lakeside or the rear of the property really is not

feasible due to the existing topography of the property so it’s really not a feasible location. So, the

Pg. 105 May 13, 2025 Zoning Meeting

only location for this shed would be in the front yard or the street side of the property. This is not

significant, we are talking 64 square feet or an 8 foot by and 8 foot that’s going to be placed.

Again, it’s not significant to the property. It’s not going to affect environmental or physical

conditions of the property or neighborhood itself. It is not really, I mean, it’s self-created in the

fact that they want to be able to have the shed to be able to store their outdoor belongings but in

reality, this is really the only location. They are maintaining a 10 feet from the side lot line as well.

RESOLUTION 25-0031 Michael Short made a motion for AREA

Applicants Cheryl and Matthew Lawless are

requesting an AREA VARIANCE to allow a 64SF

wooden garden shed in the front yard, which is not

permitted, on a 1.3-acre parcel having SBL# 063.06-

1-25.11 located in the R-! Single Family Residential

District under Sections 350-10 and 350-47 of the

Code of the Town of Webster which was seconded

by John Accorso.

Mr. Moscaret AYE

Mr. Accorso AYE

Mrs. Volo ABSENT

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola ABSENT

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire May 13, 2026

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

7. FRONT PORCH: Located at 671 Willow Lane. Applicant Bryan Bischoping is requesting

an AREA VARIANCE to allow a front setback of 30’ where 40’ is required, associated

with the construction of an additional 10’ x 20’ covered front porch on a 0.46-acre parcel

having SBL# 065.13-2-11 located in an R-3 Single Family Residential District under

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

Appearing before the board was Bryan Bischoping. So, a variance was given in October, and

permit was requested and given. When | 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 I said

a front porch and she said, Oh a wraparound porch and I said, no but that would look really nice.

So, she spent a little more of my money and that is why Iam here. This is more of an amendment

to the existing variance because it was called out for 10 x 22 in the conditions so that is the only

Pg. 106 May 13, 2025 Zoning Meeting

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thing that ts holding me up.

on Willow Lane has not changed it’s just that Willow Lane dimension has changed.

for you.

there but never materialized, like this is going to happen. Then of course, she walked by and

mentioned it and I hadn’t had that thought. So, it’s better for the property, better for the house.

The south wall of the house is very naked, and it would definitely clean up that south end of that

house there. That south wall is all siding and two windows.

porch or enclosed or covered porch.

get sunlight or stay out of the wind.

side.

Pg. 107 May 13, 2025 Zoning Meeting

furniture elements if I remember correctly.

you got to maintain that stuff so, ’'m not a huge fan of that but there is probably going to be

something. Sitting in a pot or something close.

against it.

Jan Armantrout at 670 Willow Lane: I live directly across from Brian Bishoping property at 670

Willow Lane.

that side of the property where the wraparound porch would go isn’t the part of the property that,

seems to me, not to be in complains with town code or neighborhood standards. On the other side

of the property, there are multiple recreational vehicles and to the best of my knowledge, they are

not licensed, not moving, deteriorating. There’s a metal shed that...with the increasing number

of children as the neighborhood turns over in the area could conceivably pose a hazard to you

Pg. 108 May 13, 2025 Zoning Meeting

know, kids are exploring things. There are plastic tarps or something coming off that side of the

house that blow in the wind. This winder, there was also again in addition to the three recreational

vehicles that were there all winter, there was the snowmobile trailer and then when Mr. Bishoping

removed the first three big, huge bushes in front of the house he dumped them in the hedgerow

close to right up front to Willow 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 would 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...could tell me how

this is all laid out at this point. But it seems odd to me that a variance would be granted when the

existing property is not being kept up to expectation. Thank you very much again for last year

and also for taking comments tonight.

property.

opened. I do know that we are in the process of amending some of our codes and one of them

does deal with storage of recreational vehicles. We are going to have a public hearing net month

on proposed changed that would only allow one being on a property of this size but right now,

they’ re allowed three.

if there is an open violation.

mentioned that as you were doing the construction or starting the demo for the porch you moved

the bushes. Part of construction, right.

hedgerow at some point.

into that location.

Pg. 109 May 13, 2025 Zoning Meeting

property, I think the wrap around porch is a nice idea. 1 am concerned about and I’m sorry, what

your name is but about that north side of the property as I drove by, it didn’t look all that great.

Seems like should be maintained somewhat better but I don’t know if one can negate the other.

RESOLUTION 25-0032 Michael Short made a motion TYPE II SEQR

which was seconded by: James Spampinato.

Mr. Moscaret AYE

Mr. Accorso AYE

Mrs. Volo ABSENT

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola ABSENT

Josh, this is a new variance or is this an amendment to the old variance.

the findings for that portion.

made on the record.

This request is not out of character in the neighborhood: Having a wraparound porch on aa

corner lot actually, my opinion, it enhances the neighborhood but at the end of the day, it’s not

out of character for the neighbor itself. It does not cause a detriment to nearby properties in

any way. Site lines or use of their properties. It is not achievable by any other method to have

the wrap round porch. The request is not substantial. This board last year had already provided

a variance for a porch. This variance is too extend that porch to allow for a wrap around porch

so it’s an extension of the existing variance itself. There’s no adverse physical or

environmental impacts to the site or the neighborhood. The difficulty is not self-created to

have a useable porch. In these neighborhoods when they were built already so close to the

setback and the only way to really have a wrap around porch is to go beyond the setbacks

themselves. It’s not an undesirable change as discussed earlier and again; it is not a request

that is significant. This porch will not be enclosed and the elements on the porch that are to be

Pg. 110 May 13, 2025 Zoning Meeting

[

used are porch furniture; it is not to be used for storage. It will be porch furniture; tables; grill;

chairs; things of that nature and be well maintained.

RESOLUTION 25-0033

VOTE:

CONDITIONS:

Michael Short made a motion for AREA

Applicant Bryan Bischoping is requesting an AREA

VARIANCE to allow a front setback of 30’ where

40° is required, associated with the construction of

an additional 10’ x 20° covered front porch on a 0.46-

acre parcel having SBL# 065.13-2-11 located in an

R-3 Single Family Residential District under Section

350-12 of the Code of the Town of Webster which

was seconded by James Spampinato.

Mr. Short AYE

Mr. Moscaret AYE

Mr. Accorso AYE

Mrs. Volo ABSENT

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola ABSENT

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

Building Permit.

e That one-year significant construction shall expire May 13, 2026

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

8. FRONT WALKWAY INSTALLATION: Located at 297 Wellington Rd. Applicant Eva

Polito is requesting an AREA VARIANCE to allow a front setback of 36’ where 50° is

required, associated with the construction of an 8’ x 19’ elevated walkway on a 0.28-acres

parcel having SBL# 063.18- 3-26 located in the R-3 Single Family Residential District

under Section 350-12 of the Code of the Town of Webster.

Appearing before the board was Eva Polita. So, what I am looking to do is create a new walk

way to the entrance of the front entrance of my home. The sidewalk....I don’t know if everybody

is familiar with the with the little neighborhood at near De Witte, but the homes come right out,

and doors open right out to the sidewalk sort of the front step is crumbling and the sidewalk there

is crumbling. So, I was looking for a way to fix it and that is when I decided to have a little

decking area. It’s not really going to be a sitting area, Just a deck area with white post and black

railing. It is just to provide a safer; prettier, entrance to the home and to add some dimension. It

Pg. 111 May 13, 2025 Zoning Meeting

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seems to be one of the things they are doing a lot in the neighborhood. It is getting the little

porches and so on. So, that is what I am looking to do.

It doesn’t really change anything or impact the neighborhood. There is a lot of people doing very

similar things in the area. The difference is if you can see, they are a little bit elevated and mine

is not elevated. The front step is 5 inches high and then it goes right to the sidewalk so once they

put the decking area on there it raises it 8 inches so there will be one step down. I didn’t really

consider any other alternative to fi it because I was looking for a certain esthetic when I was doing

it.

that’s right, the survey indicated 36 feet from the right of way or the road. however, if you do

the math of 41.93 feet minus 8 feet you come up with 33.93 feet.

over the existing sidewalk and the step that is there. It does not go into the front lawn at all.

feet, it becomes a problem. So, I want to make sure that when we are ...if we get that far and we

are discussing what the actual variance is and I’m giving dimensions, I want to make sure I’m

giving the right dimensions.

that house sounded high so I did ask him to come back out and re-measure it and he said 7 feet

would be more than enough to just cover that walk way and the front step.

going to be what we use instead of .... 1 think the way that it is written right now it will be about

a 6 foot porch. All the information we have here it would be about a 6 foot porch. I think I am

doing my math right.

adjust that dimension or do we need to stick with that.

Pg. 112 May 13, 2025 Zoning Meeting

36 feet from the road which ends up giving you a 6 foot wide walkway.

or anything.

how...

TO THE MIC. I grew up over there so I’m familiar with how small the lots could be and how

hard and difficult it makes it to do anything.

RESOLUTION 25-0034 Michael Short made a motion TYPE II SEQR

which was seconded by: Anthony Moscaret.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Pg. 113 May 13, 2025 Zoning Meeting

Mr. Prescott AYE

Mr. Centola AYE

Mr. Moscaret AYE

This is really not affecting the essential character of the neighborhood. A lot of the houses in the

area have already had these little porches put on so this is not uncommon practice within the area

within the character of these neighborhoods. There really is no other remedy other than a concrete

sidewalk but then you do lose dimensionality. The existing property actually is already non-

conforming with the setbacks as it already is. So, again the central character of the neighborhood

is not being affected. There really is no other remedy. It is not significant. It is going to run along

the face of the house to the driveway so there is not a huge significance and it’s not going to be

tall. There is no effect to the environmental or physical conditions of the area and does not

encroach on property foliage. Self-created, at the end of the day it is self-created and having some

type of walk way because of the way the property was created would require a variance regardless.

So, this is really not self-created in any way shape or form. Does anybody else want to add

anything to the findings.

RESOLUTION 25-0035 Michael Short made a motion for AREA

Applicant Eva Polito is requesting an AREA

VARIANCE to allow a front setback of 36’ where

50’ is required, associated with the construction of

an 8’ x 19’ elevated walkway on a 0.28-acres parcel

having SBL# 063.18- 3-26 located in the R-3 Single

Family Residential District under Section 350-12 of

the Code of the Town of Webster which was

seconded by Anthony Moscaret.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola AYE

Mr. Moscaret AYE

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire May 13, 2026

Pg. 114 May 13, 2025 Zoning Meeting

(ERIKA CORSI READ INTO THE RECORD)

4

9. MAMA LORS’ SUBDIVISION PLAT: Located at 1315 Lake Rd. Applicant 1315 Lake

: Road LLC on behalf of Jonathan Oliva is requesting an AREA VARIANCE to allow a

minimum lot size of 19,457.9 SF where 35,000 SF is required on a 0.66-acre parcel having

SBL #050.01-1-51 located in the R-1 Single Family Residential District under Section 350-

10 of the Code of the Town of Webster.

APPLICANT REQUESTED TO TABLED APPLICATION TO JUNE 10, 2025

MEETING.

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

10. HOWLEY ADDITION: Located at 619 Apple Grove Circle. Applicant Jamie Howley is

requesting an AREA VARIANCE to allow a rear setback of 33.2” where 55’ is required,

associated with the construction of a 432SF master bedroom addition to a single family

dwelling on a 0.50-acre parcel having SBL #064. 11-3-36 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 Dan Peters as you introduced me and with me is Jamie Howley

and Mark O’Donnell who both live at the property and as you said, we are requesting a variance

for a rear yard setback and I just wanted to state so it’s on the record that I did pass out, which

you folks have not seen, an aerial view of the neighborhood, I'll call it to some degree and I’ve

highlighted some properties in there. The highlighted properties that are in there, each one of

those that I highlighted in blue, I know it’s tough to see in there have less than 50 foot rear yard

setback in it and I don’t exactly what each one is but everyone of those have less than that. They

could have variances, I don’t know. I didn’t research that. I just wanted to give you some

relevance.

Then, there are two letters that I passed out to Mr. Short. Both letters are supporting letters from

the direct neighbors right next door that have seen the plans and gone over the plans with them

and don’t have issues with them, but I just wanted to kind of walk through the character of the

hoe and what we’re proposing. The character is a simple single story; vaulted gable pitch roof;

addition that is 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, home office and then they are going to extend out that end to provide a bathroom closet

and a bedroom and then next to that bedroom, adjacent to it, to the east side of it is an enclosed

porch that in the future will want to use a portion of it for a hot tub and to put that underneath it.

That porch would be at low level so it wouldn’t be elevated onto a deck, it would be down at the

ground level. So, a couple steps down to that. So, that in a nutshell is what we’re asking for in

leniency here tonight.

I think from where we chose to put it. The other alternative would be off the dining room which

really wouldn’t be workable with out home and how it’s laid out and with the neighborhood being

[ Pg. 115 May 13, 2025 Zoning Meeting

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in a cul de 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.

kind of a trapezoid in the back and goes further away. So, if I were to take a measurement from

the middle of the property it would be pretty close to being within 50 feet but because I took the

closest corner, that is the worst case scenario.

an egress window for another exit and for safety and there will be a window installed down there

to. So, we chose to do a full basement vs a crawl space for additional square footage to utilize

for storage. It doesn’t impact drainage we are using what is existing in the house and nothing

needs to be added to it. It’s upgraded and we just really need more space. We have three kids

upstairs and they are loud. That seemed like the most reasonable spot.

west, is that correct.

steps that are part of that.

times and I think they are snowbirds. I am not sure they are there. The are not that friendly even

when they are mowing so there, I is actually row of trees between both of them and us moving

the deck actually creates more space because there is a really large deck there right now and it’s

probably less than 15 feet from the property line so we’re making more space by moving out.

removing the deck obviously make sit not as close to the property line as the deck is and currently

the house in it’s existing. The state doesn’t even meet the required setback anyways cuz it’s not

50 feet.

Pg. 116 May 13, 2025 Zoning Meeting

full basement, is that correct. Do you know what you intend to do spoils from the excavation of

the basement. Do you intend to unitize it on site or truck it off.

from away from the addition...

you're going to be utilizing the onsite, we are going to request that you provide us with a grading

plan because what we found is that when people affect the grading it tends to send the storm water

to neighboring properties and we have a few cases right now with very similar projects of that

happening to so we are just trying to a void future problems for you and your neighbors.

AT THE SAME TIME.

have a grading plan.

that, right. So,

away from the building itself, you are now affecting your neighbors so you would be better served

from the town’s perspective to remove the soils from the site and not utilize them on the property.

Especially 1 mean you're going to have....it’s not going to be insignificant. I means it’s a decent

amount of spoils.

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 yeah, we can remove it.

away from the building.

Pg. 117 May 13, 2025 Zoning Meeting

own and the only way you’re going to be able to tell that is by a grading plan. So, I think we

should clarify with the builder on what he intends to do. In the end, my...for me, I don’t want

water coming in the basement so.......... but I also don’t want water going into the neighbors

property. So, can we talk to the builder and get back to you with his intention. If his intention is

to use the soil on site, we can either mandate it be removed or get you a grading plan.

would be some soils I would imagine and used on site regardless but if the majority is being

removed are we going to need to see or that would be part of the requirement...,the permit plan

right?

you’re going and at that time if you decide to keep it on site, we will request to review a grading

plan.

that there is no one here | will bring it back to the board.

RESOLUTION 25-0036 Michael Short made a motion TYPE II SEQR

which was seconded by: James Spampinato.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola AYE

Mr. Moscaret AYE

The essential character, of the property or the neighborhood is not being affected as the addition

is mainly in the rear of the property, a small section will be visible from the street side but based

on the plans provided the addition is going to marry very closely to the existing structure that is

there, so the essential character is not going to change the property as well as the neighborhood.

As far as remedies, realistically this is the only location to place this addition just based on the

layout of the existing property or existing building interior layout. Placing it anywhere else would

not function as the applicant requires. This is not significant, there are additions and renovations

throughout the neighborhood of similar, so this is not a significant effect to the neighborhood.

There are no physical or environmental conditions that are noted from the survey that was provided

tous. Self-created in the fact that it is a desire of the applicant however, it’s not a significant effect

to the neighborhood. I want to add one other thing, there are several other properties without a

Pg. 118 May 13, 2025 Zoning Meeting

50-foot setback in the neighborhood as well as there will be a deck removed, an existing deck that

is within the 50....55 foot setback and it actually extends beyond what this addition will end up

being. So, by doing this addition it is actually reducing OR increasing the setback from what is

currently existing on the property.

RESOLUTION 25-0037 Michael Short made a motion for AREA

Applicant Jamie Howley is requesting an AREA

VARIANCE to allow a rear setback of 33.2’ where

55° is required, associated with the construction of a

432SF master bedroom addition to a single family

dwelling on a 0.50-acre parcel having SBL #064. 1 1-

3-36 located in the R-2 Single Family Residential

District under Section 350- 11 of the Code of the

Town of Webster which was seconded by Anthony

Mascaret.

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire May 13, 2026

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott AYE

Mr. Centola AYE

Mr. Moscaret AYE

ADMINISTRATIVE ITEM:

¢ No minutes were approved.

e Since there are no further applications before the Board, Michael Short adjourned

tonight’s meeting at 9:00 p.m.

Cen Arnn SANE SE

Corrine Volo, Secretary

Katherine Kolich, Recording Secretary JUL 9°25 an3:30

FI WEBSTER TWN CLK

NOON gan

Pg. 119 May 13, 2025 Zoning Meeting