Unofficial summary. This is a community summary of the town's official minutes, provided so the record is searchable and readable. It condenses the meeting and may omit detail. Some private individuals’ personal details have been left out. The official signed PDF is the complete record of authority.
The Zoning Board of Appeals of the Town of Schaghticoke met at the Town Hall, 290 Northline Drive, Melrose, on Thursday, December 3, 2020. The Chairman opened the meeting at 7:30 PM with roll call.
Present: Ed McDonough (Chairman), Rich Geddis, Kristin Griswold, Lettie Saheim, Jason Shover. Absent: none. Deputy Town Attorney Kristin Pratt was present; Clerk Elizabeth Hale was absent.
- November 5, 2020 minutes approved as submitted (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none; Abstention: Saheim).
Telephone calls
- 9 and 11 Schaghticoke Road — A paralegal called about the zoning district for these properties; the Chairman sent a letter advising they are in the Residential Agricultural District.
- 9 Irish Road — A resident inquired about placing a 100-square-foot camp and outhouse on the roughly 0.77-acre property; the Chairman advised of the variance procedure.
Public hearing — Christina Serson, 241 Stillwater Bridge Road
Suspended the regular meeting and opened the public hearing at 7:35 PM (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none). The Chairman read the public-hearing notice for the application of Christina Serson, 241 Stillwater Bridge Road, and noted County Planning referred the matter for local consideration. Five adults and two children were present.
Applicant Christina Serson gave an overview of the application to keep chickens on a 1.21-acre parcel in the Residential Agricultural District. Because Zoning Law Section V(N) requires a 5-acre minimum lot and a 150-foot side and rear setback for chicken buildings and manure piles, the following variances were requested: (1) an area variance of 3.79 acres; (2) a side-setback variance of 140 feet for the chicken structure; (3) a side-setback variance of 50 feet for the chicken structure; (4) a side-setback variance of 140 feet for the compost/manure pile; (5) a side-setback variance of 50 feet for the compost/manure pile; and (6) a rear-setback variance of 145 feet for the compost/manure pile. Ms. Serson explained she has kept roughly 100 chickens for about six years, supports the local school’s chick-hatching program, keeps the chickens as pets, and has begun clipping feathers because a few younger birds have occasionally wandered off the property.
An adjacent neighbor spoke to say chickens periodically enter her property (most recently on Thanksgiving), that the number of chickens for a parcel this size is too many and has negative impacts on the neighborhood, and that 15–20 chickens would be reasonable — while noting the chickens do not produce an offensive odor. Another neighbor spoke in full support of the application. The property owner, Debby Vandenburgh, described the history of how the chickens came to be kept; the adjacent neighbor disagreed with that account. Ms. Serson stated she was not planning to replace any chickens and hoped to keep her current pets for the duration of their lives. Closed the public hearing and reopened the regular meeting at 8:01 PM (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).
Regular meeting — decision
The Board asked how the applicant controls the chicken population given the roosters on site; Ms. Serson said she removes the eggs before the hens sit on them and agreed, as a condition of approval, not to replace any of the chickens to reduce the number over time. The applicant and residents present all agreed the roosters do not present a nuisance.
- Negative declaration under SEQRA for the requested area variances (an unlisted action) (McDonough · Saheim — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).
Applying the area-variance criteria of Town Law §267-b(3)(b)(1-5), the Board found: (1) the variance could produce an undesirable change in neighborhood character based on roughly 100 chickens, though the use is permitted and limiting the number would mitigate impacts; (2) there is no feasible method other than a variance given the parcel size; (3) the variances are substantial, but the applicant has kept chickens successfully for about six years and kept the property well maintained; (4) no adverse physical or environmental impact, as the chickens are well cared for and the neighbor who raised concerns noted no offensive odor; and (5) the difficulty was self-created, but the use will not adversely affect the neighborhood so long as the number is phased down. The Board determined the benefit to the applicant outweighed any detriment to the neighborhood and community.
- Requested variances granted with conditions (Shover · Saheim — Ayes:
McDonough, Geddis, Griswold, Saheim, Shover; Nays: none):
- The applicant’s property and chicken building are to be kept clean and free of odor.
- The chickens are to be phased out over the next two years, such that by December 15, 2022 there shall be no more than 20 chickens on the property.
- Beginning December 15, 2020, the maximum number of chickens permitted on the property shall be 20.
Adjourned at 8:35 PM (McDonough · Griswold — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none). Submitted by Kristin L. Pratt, Deputy Town Attorney (dated January 16, 2021).
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