WEBSTER TOWN PLANNING BOARD MINUTES
Webster Town Board Meeting Room 1002 Ridge Road
7:00 p.m.
4 March 2025
ABSENT:
Anthony Casciani, Chairman
Dave Malta, Vice Chairman
Mark Giardina, Secretary
Derek Anderson
John Kosel
Peggy Maltman
Drazen Gasic
Josh Artuso
Erika Corsi
Katherine Kolich, Recording Secretary
Frank Ciardi, Attorney
Welcome to the March 4, 2025 Webster Planning Board meeting.
Pledge of Allegiance/Rall Call.
We have a pretty lengthy agenda this evening. Nothing has been tabled at
this point so I guess we can go ahead and get started.
Summary overview of outcome:
TABLED MATTERS
:
WATERVIEW PHASE III
LEGACY DEVELOPMENT CO.
APPROVED WITH CONDITIONS
SCHEDULED MATTERS
:
AMORE & CO THE SALON-SIGN
JESSICA COSTA
APPROVED AS PRESENTED
GARAGE REPLACEMENT/POLE BARN
JACK BURKE
APPROVED AS PRESENTED; CONFORMS TO CODE 350-36
Pg. 35 March 4, 2025 Planning Meeting
MCALPIN INDUSTRIES
MATT MCALPIN
PLANNING BOARD DECLARED INTENT TO BE LEAD AGENCY FOR
CONDUCTING COORDINATED SEQR REVIEW
SOLAR PV
STEVE MIKOLAJCZYK
APPROVED WITH CONDITION; GO TO ZB FOR FRONT SETBACK
VARIANCE.
IDEAL GROUP MANUFACTURING
BEN STROYER
APPROVED; PLANNING BOARD TO SEND A RECOMMENDATION
LETTER TO ZONING BOARD.
(MARK GIARDINA READ INTO THE RECORD)
Located at the northwest corner of Willow Point Way and
Nautical Mile Drive. Applicant Legacy Development Co., Inc is requesting
PRELIMINARY/FINAL SITE PLAN, SUBDIVISION, EPOD PERMIT
APPROVAL AND LWRP CONSISTENCY RECOMMENDATION (PUBLIC
HEARING) associated with the proposed construction of six (6) two-story townhouse
style buildings consisting of a total of 56 residential units and one (1) community center
on a 13.5-acre parcel (partially within in a Steep Slope EPOD) having SBL#s 093.06-3-
64.11 and 093.06-3-64.12 located in an MHR Medium High Residential District under
Sections 269-11, 330-4 and 350-14 of the Code of the Town of Webster
Appearing before the board Chris Nadler, general counsel for Mark IV Enterprises and
with me here today is David Cox, our Design Engineer from Passero Associates. Chris
DeMarzo, owner and president of Mark IV will join us in a few minutes. He just texted
and he is stuck in a traffic jam.
We are here in front of this board, long last, and it seems like awhile since I have seen you
all. We have been hard at work with town staff and hammering out issues. I just want to
go briefly again over the project history. Where we have been, where we are now and
where we would like to go and go over briefly some of the comments and changes, we
have made over the last several months and then answer any questions. David and I are
both available.
As you know, decades ago this project was approved for 7 story midrise on this parcel. It
was reduced to a 5 story midrise, and we obtained permits from the DEC for docks down
around the bay and then earlier this year, or last year, we came in for 2-3 story buildings
with 90 units. We met with this board a few times; we met with the Zoning Board a few
limes and we talked to town staff; we heard from our neighbors and reduced the project
significantly to 56 townhouse style apartments. In the fall of last year, this board declared
Pg. 36 March 4, 2025 Planning Meeting
i's intent to be lead agency and commence SEQR coordinated review, and we appeared
in front of the Zoning Board of Appeals and received required variances for the project
including front setback and another variance that we needed. Since that time, we have
been working diligently with town staff, town engineer, highway and sewer department,
and planning department in responding to comments drainage, potential wetlands,
stormwater management, dock permit conditions which in December, Mr. Artuso spoke
with DEC and we realized that there were conditions of the dock permit that was issued, I
don’t know, 2 decades ago that the DEC has been renewing for us every 5 years. We are
not planning on building docks at this part of application. So, what is in front of you is just
the subdivision application and the site plan application. We also talked to town staff
about construction phasing and worked out a detail plan that you have in front of you as
well as various easements that the project requires.
Tonight, we are seeking from this board a negative declaration of environmental
significance under SEQR; an LWRP, Local Waterfront Revitalization Program
determination of consistency; an EPOD Permit, an Environmental Protection Overlay
District permit; Subdivisional Approval and Preliminary Site Plan Approval as well as
Final Site Plan Approval. We have worked for over a year with town staff and this board
as well as the Zoning Board and the DEC and the board have all the information necessary
to issue those approvals. So, now I will open it up and ask the board if there are any
questions that we are happy to answer.
First off, does anyone have any questions.
I would actually like to talk to you about the Dock Permit. As ] am
reading through the permit, it has been continuously renewed by Legacy Development...
Can you please speak up, I cannot hear you.
So, Legacy Development has been renewing this permit every 10 years,
since it was first put in. It has been done at their request and DEC has been doing it
administratively and so the reason this related directly to this project is that Appendix B
of this permit clearly says that parcel 2, which is included in this project, shall be conveyed
to the Genesse Valley Land Trust as a condition of the permit for the docks. So, my
question to you is, well it’s not only lot 2 it’s also a lot across the road from it. I guess my
question to you is, why hasn’t that property ever been transferred.
Oh, I’m sorry, I thought J said this earlier, we are not building docks as part
of this application.
I understand that, but you have been actively renewing the permit ever
since it was issued. So, you have the understanding that you know the property was
supposed to have been transferred and it says on here, within 45 days of the effective date
of this renewal. That property has never been transferred in accordance with the permit.
Pg. 37 March 4, 2025 Planning Meeting
I don’t understand the question.
The question is, why have you not transferred the property as a condition
of this permit.
Because we have not built the docks, and we are not planning on building
them. If we do go to build the docks, we will work that out with the DEC.
If that is the point there, because as a condition of this permit you have
been actively renewing and I think as a board, we need to notify DEC that this permit
needs to be withdrawn. It is not a valid permit because if you go through with this
development, you are building on the neighboring property. You are merging one of the
parcels into the main buildings where the buildings are.
Ok, understood.
You are subdividing the whole parcel and doing away with one of those
parcels that you committed to transferring to the Genessee Valley Land Trust. So, this
permit is null and void.
BOTH PARTIES SPEAKING AT THE SAME TIME.
Hold on, that is misleading. We did not commit to convey that to the Genesse
Valley Land Trust. We committed as part of a dock permit, if and when we built docks
and will deal with the DEC on that, but I don’t want ......... I think that is a little
disingenuous to say that we have committed to convey a parcel, when that is not even a
little bit of what we have done. As part of a dock permit... excuse me, as part of a dock
permit, we would have to do that and as I said a couple times now, we are not building
docks as part of this application.
] understand that, but you are making it to a condition that...this permit
that you have been actively renewing, you cannot meet anymore.
Understood.
Therefore, for this permit, it would become null, and void based on any
action that we would take tonight regarding this parcel. The DEC must be notified that
you are pulling the permit once again. Because looking though the records this permit has
been part of the development at the beginning, and it was pulled, and it wasn’t going to be
part of any project and then it reappeared at some point and probably when they did phase
2 of this project. The map that we have is in conformance with what is in the permit itself.
So, you have a development that you have been actively renewing a permit for on the
understanding that ok, once the docks are built you are to convey the property. Now you
are before the board with a development that makes this permit null and void. Which do
Pg. 38 March 4, 2025 Planning Meeting
you want in the future, do you want this development, or do you want to notify DEC that
you are pulling the permit. The permit that you have been renewing.
We are seeking a site plan approval and subdivision approval for this project.
I can’t stop you Derek from notifying the DEC or anything.
Why wouldn’t you notify them?
I don’t understand the question but understand your point.
So why wouldn’t you notify then? Say, we changed our mind, we want
to pull this permit. Why have you been renewing the permit when you had no intention
of transferring the property as it was negotiated as part of the permit.
Again, that is a little ingenuine to accuse me of that, but ] understand your
point, thank you.
The attorney is questioning me, he is saying, do they have any intension
on building a docks and my point there would be NO. There is no intent to build the docks
currently. I hear what you are saying but where is that coming into this if there is nothing
going on with it at this point.
So, this permit must be pulled as part of this project.
So, can that be a stipulation to put into the resolution,
They would have to make sure that the follow up on it.
Ok, so if we put that in a resolution....
And actually, we should notify the DEC to terminate the permit.
Ok so your feel that the town should notify them of this, correct?
Of termination for this permit.
I am comfortable with that.
So, in the future its not like there ever come back and say, well, we had
this permit because this permit is not valid anymore.
So, part of the contingency of the approval could be that they notify
them, and that the town notify that there is no application or its rescinded for the dock. I
can’t see holding up a project like this for something as minor as that you see. That is just
Pg. 39 March 4, 2025 Planning Meeting
my opinion.
We are comfortable with that condition Derek, thank you.
If this was just coming in, this thing has been going on and we have
been beating this thing to death for a year. Somewhere along the line, it’s been open.
Again, this is a public hearing so if there are people here to speak, we will open it to the
public.
So, I guess the other item is dealing with the wetlands. The new
regulations. We do have a letter from Passero that says they went out and took some
pictures of it. With in the letter, they talk about doing a desk top review of the location of
wetlands which, specially under the new regulations, says you can’t do anymore. You
can’t rely on those mappings. So, has a delineation, an actual delineation been done and
an application submitted to DEC for a jurisdictional determination.
There has been an application submitted to DEC. Nothing in the regulation
says you can’t quote, a desktop delineation. We have worked diligently with town staff ,
including the Town Planning Board Attorney; Town Attorney; Town Director of
Development; Town Planner; and Town Engineer and Assistant Town Engineer on that
matter. I think our most recent submission shows that there aren’t or isn’t a wetland in the
location that may be identified on the EAF map or whatever the substitution of that is
under the new regulations.
Yes, the new regulations say you can’t rely on that information anymore.
So, you say that you have submitted to the DEC. Did we receive a copy of that submission.
I don’t think you get a copy of the submission. We have some information
about it. Iam sure the town has whatever we submitted.
(SPEAKING BUT NOT CLOSE ENOUGH TO THE MIC TO HEAR HIM)
they received it.
When was that application filed.
A few weeks ago. In January, right.
My understanding is under the new regulations there is a transitional period
and it is only affective if an application was filed before January 1* otherwise, the new
regulations apply and like Derek mentioned, I concur with that understanding and even if
you go onto the web portal, onto the DEC it says that it is only for reference and it’s not
comparable to actual JD application or actual physical response back from the DEC
indicating if a wetland delineation needs to be occurred or not but the transitional period
according to 664.1 is a section, the only time that you are granted a transition period is if
Pg. 40 March 4, 2025 Planning Meeting
you have a DEC wetland permit in hand; a final environmental impact statement
completed; or a site plan approval by a municipality otherwise you fall in the new
jurisdiction with a requirement of application. So, you performed a site visit, was a GPS
that was collected and has that been submitted to DEC or did you just file a JD and waiting
for a response from the DEC.
So, I think I can...we can get around those details. No GPS data has been
submitted to DEC. So, what the actual regulations say, that took affect in January | is that
we have the option of submitting a jurisdictional determination and do not require a
jurisdictional determination request as part of this review. This board is tasked with
addressing and evaluating what wetlands impact to wetlands, excuse me as part of your
SEQR process but this board can do that based on NY State Law as interrupted and
promulgated by the court system and NY State Town Law and NY State SEQR
Regulations based on the information you have. The way the regulations read, not the
way the DEC keeps talking about it, but the actual regulations say, if it’s a wetland then
you may need a jurisdictional determination. So, it would be predicated on it being wet.
So, what we have shown you is that there is no area that could be a wetland.
Correction, there is multiple criteria’s to delineate a wetland. It is not just
if its saturation and it also consists of the hydrology of the soil and actual vegetation
plantings that are existing there as well as micro clover environment conditions. It is not
just whether it’s wet or not.
Yes, absolutely and that is my lawyer speaking if it’s wet or not. ] didn’t
just mean is it wet, I meant someone who is an environment biologist go out and there and
say could this possible be a wetland and she said no. Was there a delineation, no we are
not saying that there was but that is not required at this stage.
Well, I guess a point of clarification then, if you could assist me with is if
we are tasked with determining if there is a wetland or not but information wasn’t provided
to us from DEC or from a delineated is in fact or is not in fact wetlands out there, how are
we going to make that determination without requesting JD or wetland delineation.
Well, you could probably take the word of the Environmental Biologist who
is employed by Passero Associates; whose professional licensed engineer who has
stamped all the items in the application. . You could probably go look. Does it look like
it could be a wetland, no but I think that it is self-evident if the DEC regulations can
confuse people, I understand that, but I think hopefully we have worked that out with your
legal advisors and your town staff to make it clear that its not necessarily an impediment
to making a SEQR determination.
I mean, I disagree with that. | think it is the applicant responsibility and
diligence to provide that information since the applicant is requesting the SEQR.
Pg. 41 March 4, 2025 Planning Meeting
Thank you.
Can something like this keep moving forward subject to these items
being resolved down the road.
Yes, I guess that is the question. Is or are you willing to have a conditional
approval subject to the DEC coming back with their opinion relative to the jurisdictional
determination and also, the DEC has allowed for a stream line of this approval if you have
a third party person, expert, who has performed, which you have with Passero. So, ] guess
the question, ultimately the legal question, that I am being asked is whether some type of
conditional approval conditioned to having that DEC review and approval and ultimately
the DEC determining that delineation is not required and that it is not a wetland. If we put
that in the approval what is your position in regard to that.
That would be fine with us. I don’t think it is necessary but to move this
along, of course we would be happy, we would be appreciative of this board if you would
move it along like that. If It’s a wetland, we can’t build on it. The DEC would take us to
court before we even got to the second day of construction. So, that is what the DEC
enforcement mechanism it is not this board. That being said, if that is the condition you
want to impose, absolutely.
To follow that up, you are seeking the DEC determination (BOTH PARTIES
SPEAKING AT THE SAME TIME)
We submitted already.
And obviously what you just said is important for this board. You wouldn’t
want to build on something without getting that.
We couldn’t.
I apologize. I am new to the board. This is my second month here. I
understand there is history to this project, and 1 understand that there has been years
involved back and forth with communication. I don’t understand why there is a need to
vote a conditional negative declaration on something that can be reached out to DEC and
has gotten clarification and address at the next meeting. If a JD needs to be submitted and
especially as us being the lead agency for this application. I don’t understand why there
needs to be a rush and including a conditional portion language and honestly, I am not
even sure that we can include conditional approvals in a negative declaration under SEQR,
but my point of view is it wouldn’t hurt to have a call to the DEC and get that clarification
prior to issuing conditions or approving a SEQR process without having that in hand as
lead agency.
So how long would something like that do you feel that take to resolve.
Pg. 42 March 4, 2025 Planning Meeting
I feel like a phone call and a response can be within a month if completed.
A filing of the JD, my understanding now, within 2-3 days you should be getting back an
email saying if you need to perform wetland dilatations or not.
If this was done along the same lines and just making these items we
do have a few items no question. We just make them subject to these things being
resolved. To me, this is a very small part of this whole project. The project to me is the
development; the traffic; where there is wetland or a puddle on the bank, I could care less
to be honest. Let the DEC argue that.
But we are the lead agency in this, and the DEC is a consultant party to us
as the lead agency. Essentially, we are granted approval prior to getting feedback from the
consultant agency.
So, you are granting it and making it subject to them agreeing with it .
If not, it’s null and void.
So, on January 26, 2025 the DEC responded to the coordinated review effort
by the town under SEQR and did not say that a jurisdictional determination would be
required. Tonight, the letter I read it again this afternoon, so
I think that is your answer. No body here works for DEC. They can carry their own water
you don’t have to. We are going to have to deal with DEC obviously.
But keep in mind regulations; the transitional period does not apply in this
case, so we have to follow the new regulations since we don’t need those three criteria’s
for the transitional period.
Ok, we have a long agenda here this evening and I am not going to
spend the evening just talking about DEC on this thing.
I understand where you are coming from, but you made a statement
earlier that I think is very concerning. DEC with its new regulations has put it prominent
that they are going to protect the wetlands in the United States and by you, as a board
member, saying that you can careless about the wetlands, that doesn’t fit.
Please stop the show.
No, you made a statement that where there is wetland or a puddle on the
back, I could care less.
You are taking it literally, word for word.
Regardless, it doesn’t matter. The concept of the conditional...
Pg. 43 March 4, 2025 Planning Meeting
Derek, excuse me for a second please. My point there is simply, this
is a small part of this overall project. They have had people surveying already and there
determination is there is no wetland there.
They have not done a dilatation.
Ok, but this is something that I am saying, let them move forward with
that. Let them do what they have to do and let them deal with the DEC instead of us here.
Let them resolve this issue with them. We move forward with it subject to them getting
the ok from the DEC. This is no different than things we have done in the past.
! don’t believe we can do conditional because we are waiting for some
more technical information and according to the SEQR handbook, that’s....you can’t do a
conditional SEQR declaration if you are waiting for additional technical! information. It
specifically says that for places within the document that it is not allowed.
Mr. Nadler, what do you think.
You can do....1 don’t have an answer anymore. | think this board can take
such action as it wants and it condition the decisions, that is very clear and if this board as
a whole is comfortable moving forward then do so. If Derek wants additional information
and if Mr. Gasic wants additional information, I think they would have to convince a
couple of board members that they want additional as well. At this point, we have asked
that you open the public hearing and take comments and move forward.
] just want to clarify this; all | am asking is for a month in order to get feed
back from DEC. That is all 1 was asking for.
Ok, again, this is a public hearing. So, what we will do is open it to
speak and we just ask that you go up to the mic and give us your name and address. Anyone
wishing to comment on this.
I did have some questions about the design.
Hold on. Ok, no one wishing to speak, if that’s the case at this point,
we are going to close the public hearing portion of the meeting for Waterview.
I just had a couple questions on the design Josh, if you could go to one of
the areas. At the entry ways at all the road access , if we could incorporate stop signs. I
didn’t see any in the drawings. There are 2 areas that are called out for snow removal;
there are concrete curbs there; maybe do....there are two areas that have snow removal
indicated with in the vicinity of the community center, but they have curbing in those
areas, if you can do transitional curbing or maybe remove those so you can plow that in
those areas. One is the snow storage areas on the south side is very close to a residential
Pg. 44 March 4, 2025 Planning Meeting
patio that is going to be right there, so we usually have high amounts of snow. J just don’t
think that area is realistic for snow storage because it is going to be right up against
residential property there. The retaining walls have ornamental fencing. There are
locations, building | specifically Josh in the south west, there is a 10 foot drop to that
retaining wall coming from that garage and I know I am being overly cautious and
concerning but if you have a rolling car, will that ornamental fencing hold the car. Maybe
consider using like a timber guard rail in that area because it is a 10 foot drop after that,
and it goes down. I was wondering, just on the grading on the north, west corner of
building 6 , how is that transitioning happening with all the retaining walls. If we can get
clarification on how that is all being tied in on the north west side.
Can we show it. I don’t know what you mean.
So, you are looking at a retaining wall here but no additiona! grading or no
additional TOPO to the north west of where that retaining wall abuts those contours.
Yes, they are tying right into existing grade. So, whatever the existing grade
is that would be the bottom of the wall elevation.
Ok.
And I had another comment if you would mind, evaluating the landscaping
plan. It seems that you have some prominent tree species that are going to be within you
piping network. Deep roots are going to go right into the drainage structures that you have
indicated there. Just consideration given for long term success of the drainage structures
there.
Where are you addressing, the landscaping you said.
Yes. The landscaping plan. There are some larger trees like right there.
PM2. You have two of them that are PM, and they are right along the line of your drainage
structures. So, if you wouldn’t mind taking a look at that. I guess, this is miniscule but if
you look between building 4 and building 5, you have a garage, so someone is going to
pull out of a garage at night, turn on the light and it could potentially shine right into he
window of the second story of building
5. Again, if you relocate those trees or move them
and just keep that in mind that you do something for visual of maybe break up the light.
You have that scenario in a couple locations even on the east side between building 4 and
3 and also between building 2 and building | where you will have vehicles that are going
to be exiting the garage with potentially lights on. One thing to note, you have existing
vegetation along Willowpoint Way. Is there intention to move that vegetation or keep it.
The existing trees that are there.
All the ones that are showing are meant to remain.
Pg. 45 March 4, 2025 Planning Meeting
Ok. ! believe that there is 2 in the drive way and if you are removing them
and then if you wouldn’t mind indicating how you are going to protect them because there
is some grading that is occurring there and it’s more than 6 inches so it could impact so
maybe consider moving them, it might damage trees. There are existing hydrants on
Martin Drive, Maritime Drive sorry. The silk fence that you are proposing, that is in front
of the fire hydrants. If you wouldn’t mind moving them behind the fire hydrants so that
they are not obscuring first responders and then I would recommend just to add silk fence
protections along all the existing structure along Willow point Way and Maritime Drive
and McEwen Drive. Again, silk sock then having to re flush the entire storm
drain later on. That is all mine for now.
You have all those notes.
Yes
The one with the fence on top of the retaining wall is the only one that I
think we might have a problem with because we have a design going and I don’t think it
is going to be easy to stop a car with anything and if a car goes over that, we can pull him
out. It’s not going to be in good shape. That is the only one that I would say, could we not
have that as an absolute condition, but could we explore the possibility of doing that.
Sure.
Thank you, sir.
Anyone else with questions.
I just have one question about the underground storm water detention
structures. If you flip through a plan that shows it. They appear to be in the road.
Yes, they are.
So, this particular site plan, 1 do see the outline of the parcel, so those
basins are on a different parcel. They are on the parcel that is owned by phase 2 of the
project heading down to the bay so what I guess that I don’t see on here and maybe you
could point that out. The easement that would be associated with that and similar on the
other side. There is that easement that is the detention basin that has the and land
filters and I would expect also there to be an easement for those items.
There already is an easement in place for the sand filter. The storm water
chamber will have an easement over it and the storm water chambers are really to treat the
drainage of the phase
2. Derek Anderson: Where is that easement showing is the question.
Pg. 46 March 4, 2025 Planning Meeting
Thal was a comment from town staffso that they would be added to the plans
and filed before we get mylar signatures.
Ok.
I believe all that...Keith, you guys reviewed all that. Correct. You
guys pretty much are comfortable with it at this point.
The board received our letter, correct. (SEE ATTACHED)
Yes, we did.
It’s all there.
Yes, three different letters.
That’s correct.
We have been through this, and J think we answered every question.
Tony, I have one more just because Derek brought up the storm water, So,
the sand filter that is on the south west side, I guess there is a road that is next to it, what
is the anticipated rating of that road that you are proposing. Is it 20; is a pumper truck
going to be able to puil onto that road to maintain potentially that sand filter or...
So, I think it was a gravel access path so that trucks or whatever could get
down there.
I mean would you be able to do a vehicle tracker just to look if a bumper
truck can make it down there.
I am not sure you would want to take a pumper truck down there. Just the
existing path to get down there is somewhat steep so I don’t think you would want to take
a pumper truck down there.
So how is it going to be maintained, just curious. What is the maintenance
schedule for it I guess over time.
| mean if they had to get it cleaned out, you would do it with an excavator
We have been through this thing several times with the different issues
on this. I think one of the biggest things was on McEwen Drive and I| think you resolved
that. You were putting bushes or a berm along there or something.
Pg. 47 March 4, 2025 Planning Meeting
Town of Webster
Department of Engineering
1000 Ridge Road, Webster, NY 14580-2917 ¢ 585-872-1000 ¢ Fax: 585-872-1352
www.ci.webster.ny.us
Mr. David Cox, P.E. February 28, 2025
Passero Associates
242 West Main Street, Suite 100
Rochester, NY 14614
Re:
SWPPP Dated February 14, 2025, and Plans Dated
February 2025, stamped ‘Received February 18, 2025’ at the Town of Webster
The Town of Webster Engineering Department has reviewed the subject SWPPP and Plans. Our
comments are as follows:
1.
2.
10. ADD Revision Dates to Drawings.
CLARIFY what the rectangle represents on Drawing C 105 (lower section between contours 397 &
399).
ENSURE the number of infiltration tests required for all storm water features is in conformance
with the NYS Stormwater Management Design Manual (July 2024).
ADD NOTE temporary sediment basins must be cleaned and prepared prior to constructing Bio-
Retention areas.
CLARIFY the access to the Sand Filter. How will maintenance vehicles gain access to the western
side of the sand filter through use of the existing trail at the north end of the sand filter?
ADD the Stormwater Chamber to all drawings.
ADD all ADS Storm Specifications Pages 1-9 to the SWPPP appendix T.
SPECIFY who is the Site Design Engineer of Record regarding ADS specifications approvals? The ADS
specifications and manuals mention multiple areas requiring approvals by said Site Design
Engineer.
CONFIRM the design of and build-out conditions for the Stormwater Chamber is in accordance with
all ADS requirements, i.e. StormTeck Design Manual, Technical Notes, and Installation Guide.
PROVIDE with the final design plans’ (Mylars) acknowledgement from ADS they approve the
specified Stormwater Chamber for this project.
1|Page
Town of Webster
Department of Engineering
1000 Ridge Road, Webster, NY 14580-2917 © 585-872-1000 © Fax: 585-872-1352
www.ci.webster.ny.us
11. CONDUCT, prior to receiving a Certificate of Occupancy, televised inspection(s) for the Stormwater
Chamber. Stormwater Chamber shall be clean and clear of debris with no damage.
12, PROVIDE approved shop drawings for Stormwater Chambers at part of the as-builts/project
closeout.
13. ADD Signature Block to each page and ensure all the following are present -
Town Engineer
Planning Board Chairman
Town Highway Superintendent
Webster Sewer District
Fire Marshal
Town Assessor
Monroe County Water Authority
Monroe County Health Department
a a i a
Keith Mortimer, P.E.
Town Engineer
Christopher DiMarzo — Mark IV Enterprises
Mark IV Enterprises
Planning Board Chairman
File
2|Page
That is correct. We did enhance the landscaping, and I think it is significant
that this was a group of neighbors that was really concerned and now at a public hearing
that had no comments.
Agreed. There is a lot of engineering detail on it and that is why the
town engineers have been working on this thing for several months now also along with
he applicant and I know there’s... Derek you have issues with the SEQR and so on; with
the DEC. I am going to propose that we move forward with this project, and I want it
gone and done. Whatever issues need to be resolved, let that happen with the DEC. That
is where the main issues are. I mean this thing, when was it, January } that they came out
with the new rule and kind of put blotches here and there and said this is potential wetland
so now you tell us that it isn’t and will get back to you in a few months. Is that basically....
Well, it actually doesn’t say that. That is what everyone seems to think, and
the actual regulations says here some blotches if you want a jurisdictional determination,
we are happy to do that for you and here’s the process by which you can do that but pretty
much there are blotches and I believe someone earlier today used the phrase, it is clear as
mud.
That’s my point and I think to this board, most of the board anyways,
the whole process into that is as clear as mud but anyways, I would like to propose that
we move forward with this project. We will leave the ownership to the applicant to have
to deal with the DEC and any other agency. I think the town, correct me Keith and Mark,
you have reviewed all this stuff. You are content with the engineering and.............
(MIC IS NOT ON. CAN HARDLY HEAR) You have a letter from the
town engineering that says we have comments that do not hold up the application.
I am sorry I can’t hear you.
There are comments that do not hold up the application; they will be
resolved prior to mylars.
Ok, that’s good enough for me. Ok, this is going to be a lengthy deal
here now. We have got actually 6 different resolutions. This first one, I will start with the
SEQR. Because we have to declare as an unlisted action, I guess at this point so I will read
it out and be patient with me, These were all prepared by town engineers.
(SEE ATTACHED) SEQR
RESOLUTION 25-0015 Anthony Casciani made a motion for
UNLISTED ACTION-LEAD
AGENCY which was seconded by
Dave Malta.
Pg. 48 March 4, 2025 Planning Meeting
TOWN OF WEBSTER PLANNING BOARD
SEQR RESOLUTION — UNLISTED ACTION
WHEREAS, the Town of Webster Planning Board (“Planning Board”) is considering
applications for preliminary and final site plan approval and subdivision approval related
to the above-referenced property to combine an approximately 3.7 acre parcel with an
approximately 9.4 acre parcel to create an approximately 13.1 acre parcel as shown on
the Re-Subdivision of Lots R2-B and R2-C Plat prepared by Passero Associates, dated
July 2024, and on which combined parcel is proposed to be constructed five 10-unit and
one 6-unit townhouse style apartment buildings, a clubhouse building, and associated
infrastructure as shown on the most recent site plans prepared by Passero Associates,
and all other relevant information submitted as of March 4, 2025 (“Applications”); and
WHEREAS, the Planning Board has reviewed the Short Environmental Assessment
Form (EAF), Part 1, prepared by the applicant related to the Applications and all other
relevant information submitted as of March 4, 2025 (“Action’); and
WHEREAS the Planning Board determines that said Action is classified as an Unlisted
Action under Part 617 of the New York State Environmental Quality Review (SEQR)
Regulations; and
WHEREAS the Planning Board declared its intent to declare itself lead agency under
SEQR and commenced coordinated review on , 2024: and
WHEREAS the Planning Board determines that it is the most appropriate agency for
making the determination of significance thereon under the SEQR Regulations; and
WHEREAS, the Planning Board has given consideration for determining significance as
set forth in Section 617.7(c)(1) of the SEQR Regulations and the information contained
in the EAF Part 1; and
WHEREAS, the Planning Board has completed Part 2 and Part 3 of the Environmental
Assessment Forms; and
WHEREAS the Planning Board under the provisions of Part 617 of the New York State
Environmental Quality Review (SEQR) Regulation s has given a thorough and
comprehensive evaluation of the impacts likely to result from the proposed Action;
NOW THEREFORE BE IT RESOLVED that the Planning Board hereby declares itself to
be the Lead Agency for purposes of completing environmental quality review as
required by New York State law and the SEQR Regulations; and
;
BE IT FURTHER RESLVED that the Planning Board has reasonably concluded that the
following impacts are expected to result from the proposed Action when compared
against the criteria found in SEQR Section 617.7(c):
{a) There will not be a substantial adverse change in existing air quality, ground or
surface water quality or quantity, traffic noise levels; a substantial increase in
solid waste production; a substantial increase in potential for erosion, flooding,
leaching or drainage problems;
(b) There will not be ijarge quantities of vegetation or fauna removed from the site or
destroyed as the result of the proposed Action; there will not be substantial
interference with the movement of any resident or migratory fish or wildlife
species as the result of the proposed Action; there will not be a significant impact
upon habitat areas on the site; there are no known threatened or endangered
species of animal or plant, or the habitat of such species; or, there are no other
significant adverse impacts to natural resources on the site:
(c) There are no known Critical! Environmental Area(s) on the site which will be
impaired as the result of the proposed Action;
(d) The overall density of the site is consistent with the Town’s Comprehensive Plan
land use recommendations;
(e) There will not be an increase in the use of either the quantity or type of energy
resulting from the proposed Action; and
(f) There will not be any hazard created to human health;
(g) There will not be a change in the use of active agricultural lands that receive an
agricultural use tax exemption or that will ultimately result in the loss of ten acres
of such productive farmland;
(h) There will not be a larger number of persons attracted to the site for more than a
few days when compared to the number of persons who would come to the site
absent the Action;
(i) There will not be created a material demand for other Actions that would result in
one of the above consequences;
(j) There will not be changes in two or more of the elements of the environment that
when considered together result in a substantial adverse impact; and
({k) There are not two or more related Actions which would have a significant impact
on the environment; and
BE IT FURTHER RESOLVED, that based on the information and analysis set forth
above and the supporting documentation referenced above, the proposed Action WILL
NOT result in any significant adverse environmental impacts, subject to the condition
set forth below; and
BE IT FURTHER RESOLVED that the Planning Board does hereby make a
Determination of Non-Significance for the proposed Action and the Planning Board
Chairman is hereby directed to sign the Short Environmental Assessment Form Part 3
and issue a Negative Declaration as evidence of the Planning Board's determination.
The above resolution was offered by Member and seconded by
Member at a meeting of the Planning Board held on Tuesday, March
4, 2025. Following discussion thereon, the following roll call vote was taken and
recorded:
Mr. Casciani AYE NAY
Mr. Malta AYE NAY
Mr. Giardina AYE NAY
Mr. Anderson AYE NAY
Mr. Kosel AYE NAY
Mrs. Maltman AYE NAY
Mr. Gasic AYE NAY
VOTE:
Mr. Casciani AYE
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson NAY
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic NAY
Should we put a note in there that the applicant will be in contact with the
DEC to resolve any outstand issues.
Are you amending the resolution.
No, I am asking a question.
(COULD NOT HEAR WHAT HE WAS SAYING)
I don’t have to right. No, ok. Alright, that would be the resolution for the
SEQR. I think we have to do a subdivision approval. Dave, you have a copy of that.
RESOLUTION 25-0016 Dave Malta made a motion for
SUBDIVISION APPROVAL
Located at the northwest corner of
Willow Point Way and Nautical Mile
Drive. Applicant Legacy
Development Co., Inc is requesting
SYBDIVISION APPROVAL
(
PUBLIC HEARING
) associated
with the proposed construction of six
(6) two-story townhouse © style
buildings consisting of a total of 56
residential units and one (1)
community center on a 13.5-acre
parcel (partially within in a Steep
Slope EPOD) having SBL#s 093.06-
3-64.11 and 093.06-3-64.12 located
in’ an MHR Medium High
Residential District under Sections
269-11, 330-4 and 350-14 of the
Code of the Town of Webster which
was seconded by John Kosel.
Pg. 49 March 4, 2025 Planning Meeting
f (SEE ATTACHED)SUBDIVISION APPROVAL
VOTE:
Mr. Casciani AYE
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson NAY
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic AYE
Ok, what we would have next would be the EPOD Environmental Protection
Overlay District
RESOLUTION 25-0017 Peggy Maltman made a motion for
EPOD APPROVAE Located at the
northwest corner of Willow Point
Way and Nautical Mile Drive.
Applicant Legacy Development Co.,
Inc is requesting EPOD
APPROVAL (PUBLIC
HEARING) associated with the
proposed construction of six (6) two
story townhouse style buildings
consisting of a total of 56 residential
units and one (1) community center
on a 13.5-acre parcel (partially
within in a Steep Slope EPOD)
having SBL#s 093.06-3-64.11 and
093.06-3-64.12 located in an MHR
Medium High Residential District
under Sections 269-11, 330-4 and
350-14 of the Code of the Town of
Webster which was seconded by
Dave Malta.
Ok, the attorney has just given me a couple things. Things that we
discussed that we should probably add in there. We can just add this into that. Never mind,
that would be a motion.
[ Pg. 50 March 4, 2025 Planning Meeting
TOWN OF WEBSTER PLANNING BOARD
SUBDIVISION APPROVAL RESOLUTION
WHEREAS, the Town of Webster Planning Board (“Planning Board”) is considering
applications for preliminary and final site plan approval and subdivision approval related
to the above-referenced property to combine an approximately 3.7 acre parcel with an
approximately 9.4 acre parcel to create an approximately 13.1 acre parcel as shown on
the Re-Subdivision of Lots R2-B and R2-C Plat prepared by Passero Associates, dated
July 2024, and on which combined parcel is proposed to be constructed five 10-unit and
one 6-unit townhouse style apartment buildings, a clubhouse building, and associated
infrastructure as shown on the most recent site plans prepared by Passero Associates,
and all other relevant information submitted as of March 4, 2025 (“Project”); and
WHEREAS, the Planning Board has completed a formal review of the proposed
subdivision and site plan applications in compliance with the implementing regulations
of the New York State Environmental Quality Review Act (SEQR); and
WHEREAS, the Planning Board has determined the proposed development to be an
Unlisted Action under Part 617.6(b)(4) of the SEQR Regulations; and
WHEREAS, on March 4, 2025 the Planning Board made a determination of significance
and filed a negative declaration thereby concluding review pursuant to SEQR; and
WHEREAS, on March 4, 2025 the Planning Board conducted a public hearing that was
duly advertised according to law and at which all persons interested were heard; and
NOW THEREFORE BE IT RESOLVED that the Planning Board hereby approves the
proposed subdivision with the following conditions:
The above resolution was offered by Member and seconded by
Member at a meeting of the Planning Board held on Tuesday, March
4, 2025. Following discussion thereon, the following roll call vote was taken and
recorded:
Mr. Casciani AYE NAY
Mr. Malta AYE NAY
Mr. Giardina AYE NAY
Mr. Anderson AYE NAY
Mr. Kosel AYE NAY
Mrs. Maltman AYE NAY
Mr. Gasic AYE NAY
t (SEE ATTACHED)EPOD APPROVAL
VOTE:
Mr. Casciani AYE
Mr, Malta AYE
Mr. Giardina AYE
Mr. Anderson NAY
Mr. Kosel AYE
Mrs, Maltman AYE
Mr. Gasic NAY
(SEE ATTACHED) WATERFRONT REVITILATION
RESOLUTION 25-0018 John Kosel made a motion for
LOCAL WATERFRONT
APPROVAL Located at the
northwest corner of Willow Point
Way and Nautical Mile Drive.
Applicant Legacy Development Co.,
Inc is requesting LOCAL
WATERFRONT (PUBLIC
HEARING) associated with the
proposed construction of six (6) two-
story townhouse style buildings
consisting of a total of 56 residential
units and one (1) community center
on a 13.5-acre parcel (partially
within in a Steep Slope EPOD)
having SBL#s 093.06-3-64.11 and
093.06-3-64.12 located in an MHR
Medium High Residential District
under Sections 269-11, 330-4 and
350-14 of the Code of the Town of
Webster which was seconded by
Mark Giardina.
VOTE:
Mr. Casciani AYE
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson NAY
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic NAY
L Pg. 51 March 4, 2025 Planning Meeting
TOWN OF WEBSTER PLANNING BOARD
EPOD RESOLUTION
WHEREAS, the Town of Webster Planning Board (“Planning Board”) is considering
applications for preliminary and final site plan approval and subdivision approval related
to the above-referenced property to combine an approximately 3.7 acre parcel with an
approximately 9.4 acre parcel to create an approximately 13.1 acre parcel as shown on
the Re-Subdivision of Lots R2-B and R2-C Plat prepared by Passero Associates, dated
July 2024, and on which combined parcel is proposed to be constructed five 10-unit and
one 6-unit townhouse style apartment buildings, a clubhouse building, and associated
infrastructure as shown on the most recent site plans prepared by Passero Associates,
and all other relevant information submitted as of March 4, 2025 (“Project”); and
WHEREAS a portion of the Project is or may be located within Environmental Protection
Overlay District 2 — Steep Slopes Protection District because portions of the Project site
contain or may contain areas with a fifteen percent or greater slope and are located on
the Boundary Map attached as Appendix t of Town Code Chapter 350 — Zoning;
WHEREAS applicant has requested that the Planning Board issue an EPOD
Development Permit is accordance with Town Code § 350-9 (B)(2); and
WHEREAS a public hearing has been held on this matter, and
WHEREAS, the Planning Board has considered the effect that the proposed regulated
activity will have on the public health, safety and welfare and the protection or
enhancement of the fragile and environmentally sensitive steep slope areas within the
Town; and
WHEREAS, the Planning Board has considered the standards set forth in Town Code §
350-9(D)(5); and
NOW THEREFORE BE IT RESOLVED that the Planning Board does hereby grant an
EPOD Development Permit for the Project.
The above resolution was offered by Member and seconded by
Member at a meeting of the Planning Board held on Tuesday, March
4, 2025. Following discussion thereon, the following roll call vote was taken and
recorded:
Mr. Casciani AYE NAY
Mr. Malta AYE NAY
Mr. Giardina AYE NAY
Mr. Anderson AYE NAY
Mr. Kosel AYE NAY
Mrs. Maltman AYE NAY
Mr. Gasic AYE NAY
TOWN OF WEBSTER PLANNING BOARD
LWRP RESOLUTION
WHEREAS, the Town of Webster Planning Board (“Planning Board”) is considering
applications for preliminary and final site plan approval and subdivision approval related
to the above-referenced property to combine an approximately 3.7 acre parcel with an
approximately 9.4 acre parcel to create an approximately 13.1 acre parcel as shown on
the Re-Subdivision of Lots R2-B and R2-C Plat prepared by Passero Associates, dated
July 2024, and on which combined parcel is proposed to be constructed five 10-unit and
one 6-unit townhouse style apartment buildings, a clubhouse building, and associated
infrastructure as shown on the most recent site plans prepared by Passero Associates,
and all other relevant information submitted as of March 4, 2025 (“Project"); and
WHEREAS the proposed Project is or may be located within the Town of Webster's
coastal area, as defined in Town Code Chapter 331; and
WHEREAS Town staff have prepared a coastal assessment form on the Planning
Board’s behalf in accordance with Town Code Chapter 331; and
NOW THEREFORE BE IT RESOLVED that the proposed Project is consistent with the
LWRP policy standards and conditions set forth in Town Code § 331-4 (G).
The above resolution was offered by Member and seconded by
Member at a meeting of the Planning Board held on Tuesday, March
4, 2025. Following discussion thereon, the following roll call vote was taken and
recorded;
Mr. Casciani AYE NAY
Mr. Malta AYE NAY
Mr. Giardina AYE NAY
Mr. Anderson AYE NAY
Mr. Kosel AYE NAY
Mrs. Maltman AYE NAY
Mr. Gasic AYE NAY
;
(SEE ATTACHED) PRELIMINARY APPROVAL
RESOLUTION 25-0019 Anthony Casciani made a motion for
PRELIMINARY APPROVAL
Located at the northwest corner of
Willow Point Way and Nautical Mile
Drive. Applicant Legacy
Development Co., Inc is requesting
PRELIMINARY APPROVAL
(
PUBLIC HEARING
) associated
with the proposed construction of six
(6) two-story townhouse _ style
buildings consisting of a total of 56
residential units and one (1)
community center on a 13.5-acre
parcel (partially within in a Steep
Slope EPOD) having SBL#s 093.06-
3-64.11 and 093.06-3-64.12 located
in an MHR Medium High
Residential District under Sections
269-11, 330-4 and 350-14 of the
Code of the Town of Webster which
was seconded by Dave Malta.
APPROVED WITH CONDITIONS:
lA a ee)
10.
11.
12.
13.
14.
15.
16. Subject to PRC Comments
Subject to a Letter of Credit posted with the Town of Webster.
Subject to Conservation Board comments
Subject to Monroe County Water Authority comments
Subject to the determination of the ZBA for requested variances. (applicant received)
Address any land to be conveyed to the Town.
Address any recent subdivision approvals of adjacent lands.
All the improvements shall be constructed according to the specification of the Town of
Webster.
All roadway construction to be in accordance with the specification and regulations set forth
by the Town of Webster.
All sitework is to be in compliance with the standards of the Town of Webster.
Preserve all mature trees on site, where possible, and mark said trees by the developer's
engineer prior to the commencing of any site work.
Comply with all requirements of any Federal, State, County, or Town agency.
Address drainage, lighting, signage, and landscaping, buffering, berming and snow storage.
The landscape, hardscape, site accessories, and associated finished grading design for the
development must be prepared by a NYS licensed Landscape Architect. The final landscape
plans shall bear the seal and signature of the Landscape Architect.
Approvals are subject to Drawing No: 202439030002
Proceed to Final Approval
Pg. 52 March 4, 2025 Planning Meeting
TOWN OF WEBSTER PLANNING BOARD
PRELIMINARY SITE PLAN APPROVAL RESOLUTION
WHEREAS, the Town of Webster Planning Board (“Planning Board”) is considering
applications for preliminary and final site plan approval and subdivision approval related
to the above-referenced property to combine an approximately 3.7 acre parcel with an
approximately 9.4 acre parcel to create an approximately 13.1 acre parcel as shown on
the Re-Subdivision of Lots R2-B and R2-C Plat prepared by Passero Associates, dated
July 2024, and on which combined parcel is proposed to be constructed five 10-unit and
one 6-unit townhouse style apartment buildings, a clubhouse building, and associated
infrastructure as shown on the most recent site plans prepared by Passero Associates,
and ail other relevant information submitted as of March 4, 2025 (“Project”); and
WHEREAS, the Planning Board has completed a formal review of the proposed
subdivision and site plan applications in compliance with the implementing regulations
of the New York State Environmental Quality Review Act (SEQR); and
WHEREAS, the Planning Board has determined the proposed development to be an
Unlisted Action under Part 617.6(b)(4) of the SEQR Regulations; and
WHEREAS, on March 4, 2025 the Planning Board made a determination of significance
and filed a negative declaration thereby concluding review pursuant to SEQR; and
WHEREAS, on March 4, 2025 the Planning Board conducted a public hearing that was
duly advertised according to law and at which all persons interested were heard; and
NOW THEREFORE BE IT RESOLVED that the Planning Board hereby approves
preliminary site plan approval with the following conditions:
The above resolution was offered by Member and seconded by
Member at a meeting of the Planning Board held on Tuesday, March
4, 2025. Following discussion thereon, the following roll call vote was taken and
recorded:
Mr. Casciani AYE NAY
Mr. Malta AYE NAY
Mr. Giardina AYE NAY
Mr. Anderson AYE NAY
Mr. Kose AYE NAY
Mrs. Maltman AYE NAY
Mr. Gasic AYE NAY
VOTE:
Mr. Casciani AYE
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson NAY
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic NAY
(SEE ATTACHED) FINAL APPROVAL
RESOLUTION 25-0020 Anthony Casciani made a motion for
FINAL APPROVAL Located at the
northwest corner of Willow Point
Way and Nautical Mile Drive.
Applicant Legacy Development Co.,
Inc is requesting FINAL
APPROVAL (PUBLIC
HEARING) associated with the
proposed construction of six (6) two-
story townhouse style buildings
consisting of a total of 56 residential
units and one (1) community center
on a 13.5-acre parcel (partially
within in a Steep Slope EPOD)
having SBL#s 093.06-3-64.11 and
093.06-3-64.12 located in an MHR
Medium High Residential District
under Sections 269-11, 330-4 and
350-14 of the Code of the Town of
Webster which was seconded by
Dave Malta.
APPROVED WITH CONDITION:
Subject to PRC comments.
Subject to Parks and Recreation fees (if applicable)
Subject to Preliminary Approval Conditions.
Subject to all applicable governmental fees.
Subject to Department of Public Works approval
Significant construction shall occur within one year, as deemed by the Planning Board, to expire
on 3.4.26.
7. The conditions of Preliminary and Final approval are depicted on the cover page of the final
designed plans.
8. The Engineer for the proposed project shall provide a Letter of Certification that all proposed
work was completed, as per Planning Board resolution of final approval before a Certificate of
Occupancy will be issued.
eA cd ie) ee
Pe. 53 March 4, 2025 Planning Meeting
TOWN OF WEBSTER PLANNING BOARD
FINAL SITE PLAN APPROVAL RESOLUTION
WHEREAS, the Town of Webster Planning Board (“Planning Board”) is considering
applications for preliminary and final site plan approval and subdivision approval related
to the above-referenced property to combine an approximately 3.7 acre parcel with an
approximately 9.4 acre parcel to create an approximately 13.1 acre parcel as shown on
the Re-Subdivision of Lots R2-B and R2-C Plat prepared by Passero Associates, dated
July 2024, and on which combined parcel is proposed to be constructed five 10-unit and
one 6-unit townhouse style apartment buildings, a clubhouse building, and associated
infrastructure as shown on the most recent site plans prepared by Passero Associates,
and all other relevant information submitted as of March 4, 2025 (“Project”); and
WHEREAS, the Planning Board has completed a formal review of the proposed
subdivision and site plan applications in compliance with the implementing regulations
of the New York State Environmental Quality Review Act (SEQR); and
WHEREAS, the Planning Board has determined the proposed development to be an
Unlisted Action under Part 617.6(b)(4) of the SEQR Regulations; and
WHEREAS, on March 4, 2025 the Planning Board made a determination of significance
and filed a negative declaration thereby concluding review pursuant to SEQR; and
WHEREAS, on March 4, 2025 the Planning Board conducted a public hearing that was
duly advertised according to law and at which all persons interested were heard; and
WHEREAS, on March 4, 2025 the Planning Board completed a review and granted
preliminary site plan approval: and
WHEREAS, the Planning Board has compared the final site plans with the approved
preliminary site plans and has determined that said plans are consistent and all
conditions have been satisfied or will be satisfied prior to signatures being affixed to the
final site plans; and
NOW THEREFORE BE IT RESOLVED that the Planning Board does hereby grant final
site plan approval with the following conditions:
The above resolution was offered by Member and seconded by
Member at a meeting of the Planning Board held on Tuesday, March
4, 2025. Following discussion thereon, the following roll call vote was taken and
recorded:
Mr. Casciani AYE NAY
Mr. Malta AYE NAY
Mr. Giardina AYE NAY
Mr. Anderson
Mr. Kosel
Mrs. Maltman
Mr. Gasic
AYE
AYE
AYE
AYE
NAY
NAY
NAY
NAY
9. A Letter of Credit to the Town for the project shall include the fee for the Engineer's final
certification inspection of the site.
10. All storm water facilities are to be constructed first
11. All downspouts to be connected to the storm sewer system. (ENGINEERING APPROVALS)
12. Subject to resolution of the final approved minutes.
13. Approvals are subject to Drawing No: 202439030002
VOTE:
Mr. Casciani AYE
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson NAY
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic NAY
Ok, with that I guess we have completed the approval process for this
application. 1 know it’s been long and there has been a lot of issues and again, I reiterate, 1 think
the biggest thing here is DEC stuff and it’s always a big issue and holding a project up....let the
applicant go and battle it. That is out of my expertise that’s for sure.
Mr. Casciani, quick question for you, could IE see a copy of the Part 2 & 3 of
the SEQR. The completed part of 2 &
3. Josh Artuso: I have it. JOSH GAVE DEREK ANDERSON COPIES)
I don’t understand why you are so adamant on fighting this so much.
J am not fighting it. Your resolution said that the Planning Board completed it.
I would like to see it. If it’s in the resolution, I would like to see it.
Ok, lets move on.
Let’s take a couple of minutes for a break.
(MARK GIARDINA READ INTO THE RECORD)
AMORE & CO THE SALON SIGN: Located at 1050 Gravel Road. Applicant Jessica Costa of
Vital Signs is requesting SIGN APPROVAL associated with the installation of a 19.73SF
monument style sign on a 0.50-acre lot having SBL# 078.20-1-69 located in the MC Medium
Intensity Commercial District under Section 265-7 of the Code of the Town of Webster.
Appearing before the board was Mike Nuccitelli (DID NOT SIGN IN) I am the owner of 1050
Gravel Road, and my office will also be in there as well.
And this is the sign you are proposing to put in, right.
Pg. 54 March 4, 2025 Planning Meeting
It is pretty similar just updated.
Any lights on it?
We are going to put a spot light, but it’s not illuminated. Just stick in the ground,
real simple.
I see the address on there.
It is going in the same location as the existing sign.
Yes
Yes, it looks like it is on the side there.
Yes, right in the bed.
(SEE ATTACHED) 1:12:14
RESOLUTION 25-0021 Derek Anderson made a motion for TYPE
II SEQR which was seconded by Mark
Giardina.
VOTE:
Mr. Casciani AYE
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson AYE
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic AYE
RESOLUTION 25-002 John Kose] made a motion for SIGN
APPROVAL Located at 1050 Gravel Road.
Applicant Jessica Costa of Vital Signs is
requesting SIGN APPROVAL associated
with the installation of a 19.73SF monument
style sign on a 0.50-acre lot having SBL#
078.20-1-69 located in the MC Medium
Intensity Commercial District under Section
265-7 of the Code of the Town of Webster
which was seconded by Mark Giardina.
VOTE:
Mr. Casciani AYE
Pg. 55 March 4, 2025 Planning Meeting
DRAFT SEQR
RESOLUTIONS
THE PLANNING BOARD OF THE TOWN OF WEBSTER
1002 Ridge Road, VanIngen Court Building
March 4, 2025
1. AMORE & CO THE SALON SIGN
The Town of Webster Planning Board considered the request by Applicant, Mike
Muskiatelly to install a 19.73 square foot monument style sign on a 0.50-acre parcel
having SBL # 078.20-1-69 located at 1050 Gravel Road.
The Planning Board classifies the proposed action to be a Type II Action under Section
617.5(c)(2) of the State Environmental Review (SEQR) Regulations and therefore is not
subject to further review.
2. GARAGE REPLACEMENT / POLE BARN
RESOLUTION
The Town of Webster Planning Board considered the request by Applicant Jake Burke
and Susan Dutro to remove an existing garage an replace it with a 2,100 square foot pole
barn attached to an existing structure on a 1.20 acre parcel having SBL# 063.11-1-89
located at 580 Bay Road.
The Planning Board classifies the proposed action to be a Type II Action under Section
617.5(c)(2) of the State Environmental Review (SEQR) Regulations and therefore is not
subject to further review.
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson AYE
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic AYE
(MARK GIARDINA READ INTO THE RECORD)
GARAGE REPLACEMENT/POLE BARN: Located at 580 Bay Road. Applicant Jack Burke
is requesting PRELIMINARY/FINAL SITE PLAN APPROVAL (
PUBLIC HEARING
)
associated with the construction of a 2,100 SF pole barn on a 1.20-acre lot having SBL# 063. 1 I -
1-89 located in the R-3 Single family Residential District under Section 269-11 and Section 350-
12 of the Code of the Town of Webster.
Appearing before the board was Suzanna Dutro. I am the owner of 580 Bay Road and have been
there for 21 years and tonight we are here; after getting a zoning variance we are here to seek
approval for a pole barn to replace an existing garage. This is a registered historical property in
the Town of Webster so we are looking to continue the longevity of the property so that we can
stay there and make it more functional. Being an 1868 home, it lacks storage in every possible
way so looking for storage and also a place to house vehicles because the existing structure, I
have never been able to park a car in it. It is not original to the property I think it was built in the
50’s and so looking to house cars because we do have multiple vehicles, and I will in the next
year have a work truck. I typically because we work out in the field, I have a staging and design
company, decorating company so we work out in the field but we do use a truck that I need to
bring home with me so I would like to house that in the pole barn. So, currently they are seeing
UHAULS, and I have one in my driveway right now to house that to clean up the appearance of
the property and to improve the overall function of the property.
You came in with this last fall and I think everyone was satisfied. It’s all stick
built to it’s not really a pole barn; it’s stick built which is nice. What are you going to use for
siding.
So, it will] be like it looks now. (APPLICANT HOLDING UP SAMPLES WITH
COLORS) it will be in keeping with the farm house. It was an apple orchard so it will be red like
a barn; it will have a black metal roof and white trim; white doors with windows. So, it will have
quit a nice appearance. It is important to me as a steward of the property that it looks in keeping
with the property and that it’s an improvement because I want to pass this on and this house has
been a passion for me for 21 years and I would like it to continue, and I feel it needs that update
really for us to stay in it and for it to function as well as for the next property owner.
Well, your engineer did a nice job. I think 1] mentioned that the last time to.
Thank you. I think it will an improvement for the neighbors to that can see it .
On Del Rio right now, they are seeing what kind of looks like an old building that needs to be
Pg. 56 March 4, 2025 Planning Meeting
improved on so they are going to have a much nicer view for the neighbors that they can see and
for when you drive by and on Bay Road. | think it’s going to be a much improved looked and
it’s in keeping with the farms that you see along Bay Road.
What is that stone building that you want to attach to the pole barn. Is that...
That was built in 1889, and it was a pig house. They stored pigs in it and milk
on one side so that it is almost as old as the house and that will remain there and that will be
attached.
Is that used for storage now.
It’s really a gardening shed more than anything and it does have a lofi in it. So,
there is not really much that you can put in it without climbing up a ladder which...it was built
in 1889.
Are you going to have electricity, water, heat out there in the pole barn.
There will not be water but there will be electricity and at some point, we would
probably add heating but it would be a wall type unit but there won't be water or drainage. It is
not meant to live in it.
Again, this is a public hearing if there are any neighbors or anyone wishing to
speak in regard to this.
Are there downspouts discharging on the surface or are you putting in a drywell
That’s a good question; we can certainly do that if that’s...
I am just asking because it seems like the barn is moving closer to the east side of
the property and there is only 30 feet between the neighbor to the east and J am not sure what the
terrain is doing back there and potentially discharging into their yard or is more slopped towards
the west and not going to discharge.
On what side of the property are you talking about.
It seems that this proposed barn is moving 30 feet further east so there is only 30
feet between the property line.
Behind there is actually a berm that goes up. So, there was a berm that was built
up prior to me purchasing the property so it will drain out that way, but il will not be flooding
into the neighbors yard.
Pg. 57 March 4, 2025 Planning Meeting
No one is wishing to speak so we will close the public portion. Any board
members, any concerns. We looked at this and the applicant did go and obtain the necessary
variances. It is a nice looking building actually.
( SEE ATTACHED) Quick clarification to the applicant is it Suzanne Dutro
for this as opposed to Jack...
Jack actually did the initial application. I have been involved in the planning
meeting so I apologize, I could be added to that.
No, that’s fine. I just want to be sure to have the correct names.
RESOLUTION 25-0023 Derek Anderson made a motion for TYPE
IL SEQR which was seconded by Mark
Giardina.
VOTE:
Mr. Casciani AYE
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson AYE
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic AYE
We can make this, if it’s ok with everyone, we will just....] mean we know
what the situation is. It is conforming to pretty much all of the requirements of the zoning
ordinance in chapter 350-...1 make a motion that we just enter that in without going through the
whole thing that it conforms to chapter 350-36 regarding accessory buildings and everything is
falling within the category of elevation, approval and so on. I think that will simplify it.
RESOLUTION 25-0024 Anthony Casciani made a motion for
PRELIMINARY/FINAL SITE PLAN
APPROVAL Located at 580 Bay Road.
Applicant Jack Burke is requesting
PRELIMINARY/FINAL SITE PLAN
APPROVAL (
PUBLIC HEARING
)
associated with the construction of a 2,100
SF pole barn on a 1.20-acre lot having SBL#
063.11-1-89 located in the R-3 Single
family Residential District under Section
269-11 and Section 350-12 of the Code of
the Town of Webster which was seconded
by Dave Malta.
Pg. 58 March 4, 2025 Planning Meeting
;
CONDITION:
e Significant construction shall occur within one year, as deemed by the Planning Board, to
expire on 3.4.26
VOTE:
Mr. Casciani AYE
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson AYE
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic AYE
(MARK GIARDINA READ INTO THE RECORD)
Located on Publisher’s Parkway. Applicant Matt McAlpin is
requesting PRELIMINARY/FINAL SITE PLAN (
PUBLIC HEARING
) and SPECIAL
USE PERMIT associated with the multi-phase development totaling 300,000 SF (1"' phase
totaling 120,000 SF) on a 25.65-acre parcel having SBL# 079.06-1-32.123 located in an OP
Office Park District under Section 269-11 of the Code of the Town of
Webster.
Appearing before the board was Mike Ritchie with Costich Engineering and with my Matt
McAlpin. My board is a little to big and I apologize. We were here in front of this board back
in January for sketch plan review and we got good feedback from the board. Since then, we
applied to and obtained a variance from the Zoning Board of Appeals. We have received
comments, actually 2 rounds of PRC comments and plans have been revised based on those
comments. We have submitted a traffic study as well as architectural elevation for town review.
At this point, it is our understanding that the project would be considered as a Type | action under
SEQR so we are here tonight requesting that this board clear their intent to be lead agent under
SEQR so we can continue this process but with that we would be happy to answer any questions
that this board may have.
I have some, sorry. So real quick, February 24" you received a letter from Monroe
County Planning SECTION 239M. One of the comments was in regard to, again, DEC; a JD;
that there is potentially state wetland on this have you filed.
We did. We filed on January 16" and they have 90 days to respond. Again, I am
not asking this board to do anything that they are not comfortable with. The old maps that are
now not to be used did not indicate any wetlands. The new informational maps do not show any
wetlands on this property so our hope and believe that wetlands will not be present but yes, we
did submit and hope to have that hopefully by April for the town to review.
I had a question about to be on the site or utility plan. Is the hard box that is out
Pg. 59 March 4, 2025 Planning Meeting
on Hard Road, is that existing?
Yes, that is the existing for the U of R. We are coordinating with Matt and the
architect and honestly this is our understanding that this is going to be outside and the next plans
that we submit will show the enclosure similar to the size of what is out in front of the U of R
right now. We are just coordinating that, but it will be the standard kind of metal enclosure, and
we will make sure that it is one the next set of plans.
So, you are going to have a hot box in addition to the one that is out there.
Yes, because the one out there is for the U Of R, so it’s two properties and two
services. So, this will be a combined service, fire and domestic service and will provide for
hydrants and sprinklers.
Ok. In the back of the proposed 120,000 sq ft, you have a swale that goes to the
north west which seem to be a future phase pond or storm water practice, is there a reason that
that pond is not being constructed now and built out to accommodate any of the storm water that
is sheet flowing off of the back area behind the building into that swale that then goes north.
I think it was kind of a phasing type thing, and I think it can be built now drainage
currently kind of funnels back towards to Publishers but there is not a real defined flow path so
it is our intent that drainage in that northern area will continue to kind of sheet flow over to
Publishers but if it’s the boards intent that we kind of solidify that and maybe push it there to a
more dedicated path we can look to do that in the first phase.
I guess my question is, the storm water treatment of the impervious area that is
being contributed to that north, how are you addressing that RV, CPV.
Yes, there is a bio retention along kind of the future north area so the first phase
on the southeast corner we are proposing the main stormwater management pond which provides
water quality and peak rate control for the whole site full buildout 300,000 sq ft and then there is
a bio retention, a large bio retention in the parking area for phase | and then we are proposing
another bio retention to the north of the future loop road that bio retention was intended to be
built out in future phases and that would all be connected and tied back in out at Publishers.
I guess, how are you capturing the back portion of the....
Directly to the west.
Yes.
Yes, there is a swale that actually pulls drainage down back along and into the
storm water pond and there’s kind of a break back there. There’s a break kind of at the north end
of the proposed building and then it kind of funnels back to the north so there is a break where, I
Pg. 60 March 4, 2025 Planning Meeting
guess if you look north south kind of where the cursor is from there it ll break back south into the
storm water pond and then the future.
Okay, all right. I only had a small 1! by 17 to look at so ] couldn’t see the actual
contours on that. This is more of an egress your question. I’ve noted a couple of egress doors that
have concrete landings, but a sidewalk should be provided and maintained for emergency egress.
So, a door opens, and you have a concrete pad there but in the winter time it’s going to be you
know, snowed in. Is there a way to do just a sidewalk out to an area that you know
Yes, we can look at that and add that in.
Down spot locations on the structure I didn’t see them on the elevation views. Are
they surface discharged or are they being tied...
It is going to go to a storm manifold and then into the pond so we’re not looking
to kind of splash block that out.
So, it is a storm manifold underground system.
Yes, again, we are coordinating with the architect on exactly how those get shown
but for the next submission we can show the under drained line that connects to the pond.
Ok, The back garage has 2 retaining walls and the detail indicated under drains
are those being tied to the foundation drain or ...
I think we’re actually showing that being tied into the sanitary or sorry, it runs right
now along the north side and into the storm line back there.
Ok, so you’re tying into the storm line.
Yes, and then obviously we’ll have to coordinate in future phases and tweak that
when additions are made but that was the easiest way to do it.
Are you going to have in the future maybe...this is for the water line sampling
type locations identified.
Yes, and we will coordinate with Water Authority, and I] believe the most current
plans have the sampling disinfection taps al the connection and at the ...kind of the connection
to the building to make sure that is per Water Authority standards.
| think this will be one of my last questions or 2 last questions sorry. I noticed the
combined system coming towards the proposed manufactured building. Then you have a private
hydrant then the combined system continues into the building which I am assuming is sprinkler
just any concern with there being a hydrant essentially the first hydrant that the fire Department
Pg. 61 March 4, 2025 Planning Meeting
could tap into and draw from water that could be going into.
I think we’ll look to make that separation okay to the domestic...to the I guess
make that T prior to that first hydrant so that there can’t be cross-contamination.
Then just a quick question, on the phasing the cover letter indicated that the third
or final phase would be 2030 but the EAF indicated the final phase being 2028. Is it 2028 or
2030.
I think it all depends on the market. I think the way things are going now, it’s closer
to 2028 and again, we’re doing this in an intent to get seeker done for the entire development do
storm water design for the entire development not piece meal it and come back you know two
more times you know to go through the process but to design the whole site once.
I appreciate it. That is all my questions.
The main entrance for this is this going to be off of Hard Road.
Yes, correct.
Eventually if you do more expansion will you have a driveway going out to
Publishers Parkway.
That is not our plan now and a traffic study was done with all the traffic going out
to Hard Road and that traffic study didn’t recommend any improvements with the exception of
maybe adding a left turn lane coming in that little gore striped area that exists right now but no
other improvements. They said the level of service our at Hard wouldn’t be impacted and I think
we mentioned the last time that we were here that the shift that these workers do is kind of off set
from most rush house traffic.
Any other questions, because actually there is no approval this evening.
We understand that. The SEQR process you need declare you intent to be lead
agency and get that notification sent out.
So, with that....
Ef this is a public hearing do we have to open it up to the public at all.
Anyone wishing to comment on this will open it but there is no vote being
taken. No one wishing to speak, ok, will close the public....1 won’t close the public hearing
because you are going to be coming back and will leave it open and will just close it for this
evening.
Pg. 62 March 4, 2025 Planning Meeting
; Derek Anderson: (SEE ATTACHED)
RESOLUTION 25-0025 Derek Anderson made a motion for TYPE I
ACTION which was seconded by Mark Giardina.
VOTE:
Mr. Casciani AYE
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson AYE
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic AYE
Now one thing, Josh, your elevations. When you come back show some
elevations. You have that little thing there but something significant in size and ] am going to
recommend landscaping, the front there across your front something a little unique. I don’t want
to use the work brick but something across the front to make it not just a pole barn looking
building.
(WAS NOT AT THE MIC AND NOT SPEAKING LOUD ENOUGH....CAN
NOT HEAR) we will work with Matt and the architect to propose stone at the entrance. Not
along the entire building but the entrance there.
Why not the whole thing that is your vocal point.
It 1s not the long term vocal point. Phase 2 would have more of an administrative
office in the front with a front lobby and that would have more of a vocal point that you would
see going down that access road. The front entrance that you are seeing on the sketch plan right
now it is not visible from the road and it not going to be the long term main entrance.
(NOT AT THE MIC AND SPEAKING OUT IN THE AUDIENCE. ...CAN NOT
HEAR) AT
Yes, this is one of the requirements. This is what we look for. It’s in the
guidelines.
(NOT AT THE MIC AND SPEAKING OUT IN THE AUDIENCE..,.CAN NOT
HEAR)
Ok, thanks Mike. We have | more.
We have 2 more.
[ Pg. 63 March 4, 2025 Planning Meeting
TOWN OF WEBSTER PLANNING BOARD RESOLUTION
MCALPIN INDUSTRIES
SEQR — INTENT TO ESTABLISH LEAD AGENCY
03/04/2025
MOTION FOR INTENT TO ESTABLISH LEAD AGENCY
WHEREAS Town of Webster Planning Board (Planning Board) considered the request by Applicant,
Matt McAlpin with McAlpin Industries to construct a multi-phase development totaling 300,000 SF of
light manufacturing on a 25.65-acre parcel having SBL# 079.06-1-32.123 located in an OP Core Area
Office Park District.
NOW, THEREFORE BE IT FURTHER RESOLVED that the Planning Board has determined that the
Action is a Type I Action based on the following criteria:
1. 617.4(b)(6)(i) a project that involves the physical alteration of 10 acres; and
2. 617.4(b)(6)(v) in a city, town or village having a population of 150,000 persons or less, a
facility with more than 100,000 square feet of gross floor area.
NOW, THEREFORE, BE IT: RESOLVED that the Planning Board determined that the action is
subject to a coordinated review pursuant to Part 617.6(b) of SEQR and that it is the most appropriate
agency for making the determination of significance. The Planning Board therefore intends to
designate itself lead agency for the proposed action.
(MARK GIARDINA READ INTO THE RECORD)
Located at 1822 Lake Rd. Applicant Steve Mikolajczyk is requesting
PRELIMINARY/FINAL SITE PLAN APPROVAL associated with the installation of a 24.56
kW AC ground mounted solar PV system consisting of 64 solar panels and 64 microinverters on
a 5.0-acre lot having SBL# 037.03-1-33.1 located in the LL Large Lot Single Family Residential
District under Section 269-11 of the Code of the Town of Webster.
Appearing before the board was Steve Mikolajczyk with ACES Energy. This is kind of a change
order that was approved a couple of months ago. The home owners have just decided that they
want to move the location of the panels. The number of panels is the same and everything is the
same except for the fact that instead of one long array they are doing 2 shorter arrays. Other than
that, the design is the same and it’s moving further south about a 100 feet or so.
Now what’s that former deed line so that’s all one parcel though right.
Yes.
Alright, I don’t see any big issue with it. It was approved before you're just
modifying it, changing the location of it.
Correct.
It’s not visible from the road though.
Correct it’s hundreds and hundreds
The Loughner family and the Stern family are they aware the panels going where
they’re being proposed.
Stern is the owner.
Ok, Loughner the one on the south side.
Yes, we sent letters out.
How close ts their residence. Is it inside of a potential glare.
It’s no where close to any structures,
Okay, again this is preliminary approval. If there’s anybody....1 don’t think
there is anyone here to discuss it. Do we do a SEQR on it or does the other one still exist.
I think the other one still exists because it’s still the same project.
Pg. 64 March 4, 2025 Planning Meeting
;
It’s probably still adequate right, would you agree. (Speaking to Attorney) If
that’s the case we will move forward with the approvals.
RESOLUTION 25-0026
Anthony Casciani made a motion for
PRELIMINARY/FINAL SITE PLAN
APPROVAL Located at 1822 Lake Rd. Applicant
Steve Mikolajczyk is requesting
PRELIMINARY/FINAL SITE PLAN
APPROVAL associated with the installation of a
24.56 kW AC ground mounted solar PV system
consisting of 64 solar panels and 64 microinverters
on a 5.0-acre lot having SBL# 037.03-1-33.]
located in the LL Large Lot Single Family
Residential District under Section 269-11 of the
Code of the Town of Webster which was seconded
by Mark Giardina.
I will make that as presented.
One second, we need to add a condition because it will require them to go back to
the Zoning Board for the proximity to the front Jot line so that should just be added as a condition.
To the front line, what is it 60 feet.
Well, because it’s Lake Road it’s I believe a 70 foot front setback even though this
parcel technically doesn’t front on Lake Road, but it is scheduled to go back to the Zoning Board
next week.
Then we can make the approval.,.make a motion to approve it and make it
subject to obtaining the necessary variance.
CONDITION:
e subject to obtaining the necessary variance
VOTE:
Mr. Casciani AYE
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson AYE
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic AYE
Pg. 65 March 4, 2025 Planning Meeting
(MARK GIARDINA READ INTO THE RECORD)
Located at 999 Picture Parkway. Applicant Ben
Stroyer with Ideal Manufacturing, Inc is requesting SKETCH PLAN REVIEW associated with
the proposed expansion of a manufacturing facility on a 10.30-acre lot having SBL# 079.07-1-1
located in the OP Office Park District under Section 269-5 of the Code of the Town of Webster.
Appearing before the board was Jerry Goldman. I am the attorney and agent for Ideal
Manufacturing, Inc. and it’s related real estate entities Picture Parkway Properties, LLC and Bluff
Drive Partners. As long as everyone is up here, I think ] will introduce everyone who is here.
(NO ONE SIGNED IN) with us with have Lee and Matt Stroyer who are the second generation
if you will of the business as well as lan Kutchman from McMahon LaRue who is the Project
Engineer.
We did provide a letter of intent on January 27": and we are here this evening for concept review
which is an interim step along the way. We have already gone to the Town Board and the Town
Board has granted us authorization for us to come to the Planning Board on this concept review
ultimately, we will go forward and do full preliminary and final plans for this particular site and
as part of our application we are requesting a couple of interpretations, and those interpretations
are designed to try and keep as much as this process with the Planning Board going forward. If
you have taken a look at the letter of intent. Our third request has apparently already been
addressed by the staff comments that we will...the PRC comments as we will talk about those in
a second but apparently it has been determined that the Planning Board will handle the special
permit for this application.
Let me give you a little bit of background in terms of what we are talking about. Ideal
Manufacturing is a light manufacturing business that deals with construction right now of high
capacity helic piles which are a necessary the foundational block for building construction. The
Ideal Manufacturing story is a nice story. Swen Stroyer, who is the father of these two gentleman
started out in this business in general contracting and then they moved forward to actually create
and obtain 19 patents for specific manufacturing processes. The building that we are talking
about that is currently occupied along the Picture Parkway frontage is what many people who
have been in time along time refer to it as the Josten’s building. It used to be the people that did
yearbooks and class rings and that is probably why the road going in was actually names the way
it is. | mean we have nice creative history in town of naming the roads after the uses. Publishers
Parkway probably had something to do with lawyers Co-op if I would imagine, I really don’t
remember myself, but this particular picture parkway probably dealt with the fact that it was a
yearbook company that started out with approximately 60,000 sq ft building on this site. The
original property, which is owned by Picture Parkway Properties an ideal is a 7.8 acre parcel
which fronts on Picture Parkway on which there is currently the 60,000 sq ft building. Over the
course of time the Stroyer family has obtained property going all the way south to Document
Drive basically 2 parcels. Which is a 7.8 acre parcel and a 3.57 acre parcel. What they are
proposing to do is todo a 21,000 sq fi addition to their existing building, the 60,000 sq ft building
also to construct to the east of that an 11,400 sq ft processing building but then add 3 buildings
at the far end of the site, at the southern end of the site being at 10,000 sq ft office building of
Pg. 66 March 4, 2025 Planning Meeting
5,000 sq ft training building and an 11,400 sq ft building which will essentially capture if you
will the overall use within the what will ultimately be a campus. This is the OP Core North
District. Light manufacturing is a special permit use within the district, We are requesting that
you take a look at a couple of interpretations relative to the site. One deals with the fact that as a
part of their operation there is a necessity to have some materials outdoors and there is always a
questions as how we define the outdoor staging if you will of materials. We have a code provision
which talks about outdoor storage but there is no definition for outdoor storage in the code, so we
don’t have it and also there is a question as to whether that relates to outdoor storage as a principal
use or an accessory use. This is clearly accessory to the use and the outdoor staging if you will
is for temporary storage of materials coming in and going out and to that extent, we consider that
to be the same or similar to the use of the property under the code and therefore should be
permitted as part of the Planning Boards jurisdiction. We also talked about and have requested,
] think this is more in the purview of town staff in dealing with this. The code provides as a
45,000 sq ft limit on the size of manufacturing buildings this is already 60,000 sq ft. We are
talking about a 21,000 ft addition and ] am not sure whether the 45,000 sq ft limitation should
apply to a building which already well exceeds that and probably exceeded it from the time the
code was actually created and whether we would need any sort of relief on the Zoning Board.
Again, our intention is to try to keep the rest of the review of this project with this board if at all
possible. We have received comments from the PRC which I believe the board has received as
well and I am going to run through them at this point. The first one talks about the need for the
special permit from the planning board and we understand that and we will be making a formal
application in that regard to engineering at this point in terms of storm water quality management
that is currently under design conceptually the engineer have indicated that we have sufficient
room and sufficient area to provide for storm water quality management on the site and that will
be part of our preliminary plans and preliminary details on the site. Second comment says a
wetland delineation will be required and obviously you had some robust discussion if you will
on wetland delineation already at the time of the early development of the site there were
identified federal wetlands. We had an outside consultant who dealt with that. We are well
within and had a JD. We are well at the federal level. We are well within our situation on that
one without the need of anything more than a nationwide permit, but we are going to go back to
that consultant and review the new rules and new regulations that are involved. You’ ve heard a
lot of stuff that has gone on and January 1*' really is a watershed. We are considered to be oddly
enough an urban area for purposes of the wetland determination so that puts us in a category
where we are no longer subject to what was a 12 acre limitation or need for a 12 acre are for the
state to obtain jurisdiction over wetlands. They will be doing that on a much tighter basis, but
we will be reviewing what wil! be necessary under the new regulations to make sure that we are
in compliance. The Highway Department had some comments and the highway Department is
one of our neighbors as I’m sure you all well know at the end of Picture Parkway is the highway
garage and highway facility for the town so in addition to dealing with as you know as reviewing
agency they are also taking a look at it as a neighbor and they talk about the existing parking in
the front of the public right of way obviously as we more fully develop the site we will be able
to better control how we deal with all that and we will be reviewing that. That is comment
number one. Comment number 2 is one we will be discussing more at length with the Highway
Pg. 67 March 4, 2025 Planning Meeting
Department and with town staff relative to the road itself. Tt is the strong desire of the Stroyer
family and the business to maintain the road which would connect Picture Parkway and
Document Drive servicing the site as a private road and we are going to try to see what we can
work out relative to that issue but again we are still a concept. The concept is to have that road
connection going north south between picture and document. With regards to the sewer
situations, the connections we know that there is a sewer easement at the front of the building and
that we will be dealing with this as an overall project and this is not coming in as a phase project
if you will at this point but it could ultimately be divided into phases but we are talking about
trying to re-subdivide and combine all of this into a single lot so our request is that this board
make the interpretation that our outdoor staging is permitted on the site without need for any
relief from any other board and similarly for you to consider whether an expansion of the building
itself which is already above the 45,000 threshold would require relief from the Zoning Board. I
talked a lot and barely took a breath. With that, I don’t know if anyone on our team has anything
to add to that.
We would like to obtain as many comments as we can from the boards so that we can move
ourselves forward in this process. There is a lot of excitement on part of ideal in terms of trying
to increase their footprint if you will and to try and stabilize their situation within the Town of
Webster.
Jerry, did....I know earlier when you guys were in it was thought that maybe
question the neighbors. You have done that I believe.
Mr. Stroyer, I have been told, Mr. Stroyer has visited all the neighbors on the
Hard Road frontage, and it appears that we may have a neighbor, and I was not involved in that
discussion and Ben is not here tonight. So, I really am not sure so my understanding is that he
had not received any opposition if you will to the concept and the idea of trying to improve the
property. There is some separation, and I can’t see what maybe up on peoples screens, but you
can see that there is some separation between the residents and the neighbors. There is intended
to be an enhanced landscape buffer in that particular area and our clients of course would continue
to engage with neighbors with any questions that they have.
I believe through there it was discussed to put a swale through there to.
Drainage swales going in the back there to.
When you say swale in the back...
Along the property line, basically where the trees are.
So, there is an existing creek
Ok, so that’s still there. So, your other question was is this a staging area
Or...
Pg. 68 March 4, 2025 Planning Meeting
Storage area.
I don’t see it any different than....I look at it.... You can look at it anyway you
want to look at it I suppose. I look at it as a staging area. You are not keeping things you are
moving things along from there.
The fact of the matter is that the code has no definition of storage so we really
kind of have our hands tied relative to trying to interrupt that because there is a continuum
between what maybe staging and what might be storage and everything else but without taking
Mr. Ciardi role in raising this question, one of the legal tenants ts that interruptions if they are
vague they are suppose to be interrupted in favor of an applicant so in the absence of a definition
I think that we have at least an ability to take that first step and to give you our perspective in
terms of what it should be.
Isn’t the bus garage right down that street.
It is.
That is pretty much outdoor storage and the town garage.
Yeah, they don’t play by our rules. At the end of Document there’s a school
district at the end of picture we’ ve got the town, J] mean we are talking about major outdoor uses
in the neighborhood.
So, it is not anything totally different.
Correct.
And as long, I think, as long as you do heavy buffering behind the houses on Hard
Road that that would be acceptable. In my opinion.
I don’t see any dock doors.
For?
Is there raw material that is brought in with whatever you manufacture.
| am not sure with the design of the building. Right now, how do you get stuff
from inside to outside. There are six overhead doors on the south side of the building right.
We have one on side, south side of the building and
Why don’t you come up herde and introduce yourself.
Pg. 69 March 4, 2025 Planning Meeting
Right now, we have overhead doors on every corner of the building except for
the one facing Picture Parkway, the north side of the building
So, how many trucks with this addition is anticipated.
We don’t anticipate for the initial parse that its going to change traffic and all
If maybe we could have some legends on this plans and some call out on the square
footage of the buildings and what is proposed on each one of them it would kind of assist in just
the communication of this. So, the addition on the southside is how many square feet and the
purpose of that is just internal manufacturing or internal storage.
That is internal manufacturing I believe, and it is 21,000 sq ft. of addition onto a
60,000 sq ft roughly.
Ok, the proposed facility to the east and I am assuming that’s 18,000 sq ft , what
is that structure,
The building right along the same plane over there is a processing building.
Yes, it would be just like an outdoor area where we, I mean indoors, but right
now we do all the stuff in our main building, and it would just be an additional manufacturing
space in a separate building. So, we’d bring our pipe and plate in there to cut it.
] am assuming that what is in the gray to the south and the east is that all additional
outdoors proposed stage area like lay down yards or is that potential truck parking. What are you
looking to do with the additional imperious area that is going to the south and the east there.
There mostly lay down yard. The only other park is the drive, the road that
would go through and then that slightly darker area is like a truck loading area so that the trucks
would pull off to the side of the road there to get loaded and then pull back out. The idea is to get
truck traffic off of Picture Parkway so they would come in Document Drive, drive thru our
property, gel loaded and pull out onto picture.
The materials currently stored outside are there any kind of chemicals or anything
that could leachate into he ground, be impacted by rain water or anything like that or is it primarily
just steel.
Yes, just raw carbon steel.
One good thing is it’s always maintained, neat and clean there too. It’s all
organized.
Pg. 70 March 4, 2025 Planning Meeting
So, the image we're secing in the background here is your existing operation
arial photograph.
That’s right.
There hasn't been any comments that you’ve received from the public or the
town has received in regard to storage that you have right now.
Not that we are aware of it.
| am the homeowner of 816 Hard Road. As I am looking at this I am like, the
people that are affected, the other families they're just like 12 families but just because I am the
only one here doesn’t mean I’m the only one that cares. I met some of my neighbors for the first
time and they were in the back but they couldn't stay up this late at 810 Hard Road and I spoke
with my neighbors at 818 Hard Road before coming and we did positively receive the owner when
he came by and he showed us some version of this and he was very cordial but he also kind of
made it seem like this was a very distant thing that may or may not happen kind of a thing. So,
now that people have had time to think about it some of the things that we are concerned about,
one that I am really concerned about it there are a lot of young children in these houses now and
I’ve been a homeowner there for 5 years and in the time that I have been there the houses around
me have turned over and a lot of young families growing families and a lot of children under the
age of 10 live in there and I have four children under 10 myself. The traffic in the morning and
I know you’re going to do traffic studies and stuff like that, but we just added the medical building
kind of off Hard Road and there’s another project we heard about earlier today and now this and
Tam assuming increased trucks eventually. It's already a nightmare in the morning and I have
been in an accident on the way out of my driveway just because of the school traffic. There are
the buses coming out multiple times a day. It’s not just the schools across the street, all the buses
that go to Klem South and Klem North go by there too and my children’s school bus has been in
an accident out there. There’s just a lot of traffic already. 1 worry about the kids walking and
playing in the yard. There is going to be a lot more big trucks, The other thing that the neighbor
at 810 asked and asked me to speak for. They're watching on YOUTUBE at home now the noise.
It is already a noisy site, Twill say that we brought this up when whoever came to our house,
and it does seem like it got a little bit of quieter at night but sometimes is sounds like you're
dropping the steel pipes at a great height, and I don’t know if there is a way to move them quieter.
At least at night. With all the young families sometimes, you can’t have your windows open in
the summer, you know, that kind of thing. It’s very loud and you can’t have company, and you
can’thave a barbecue in your backyard because it sound like you are in an industrial zone which
I don't know, I knew when I bought this house that eventually it probably would get developed
and it could be worse, but I don’t know, | just...still am a little like worried I guess about some
of these things.
How many....are those existing, those trees that are along that property line
now Jerry or does anybody know.
Pg. 71 March 4, 2025 Planning Meeting
No, there were a bunch that were ash trees both back there and in that little
narrow strip along my house they came in and cut all the dead ones which was good because we
all worried about the safety of that and that reminds me of one other thing, I was hoping that
maybe they could clean up that area in between where you're at right now, That's still all just
full of downed trees and rubbish and even way before that, it collects garbage in there. I don't
like to look at it so twice a year I go out and pick up all the garbage. I don't know where it comes
from, but it blows in there. I think there is probably a rodent problem with all the down...my cat
likes it, but I don't so this is just another small thing. I do think they have a right to make money
and like use their property, but I] Just want them to be kind and respectful and you know that kind
of thing.
One of the things can be done as far as you’re considering the noise and stuff
is that it can be mitigated with some landscaping and stuff. They’re showing some we don’t
know how much but this is just a sketch right now. When they get a final you know, preliminary
drawing it can show adequate to you know subdue some of the sound, I’m sure.
I just have a couple of comments. You know on Document Drive with a bus garage
there, every morning and every afternoon you wil! have over 100 buses going out of the garage
there to the schools around Webster so that road does get very busy and also being by the
Highway Department, when we have a leaf pickup in the fall there and the leaves are stored at
the Highway Department and about every 3 weeks they go around and they turn the leaves over
so that afternoon you have a very organic smell throughout.
it’s not 15 minutes in the morning; it’s an hour
and half.
Is this business a one shift, 2 or 3 operation.
We have 2 shifts right now. Start at 6:30 am and then B shift ends at 11:30 pm.
So, when you are working the night shift they are not doing, as she just spoke,
they are not dropping metal.
Yes, we have told them multiple times and have tried to enforce it multiple
times with our employees just telling them to keep it quiet after 8 pm but I can do a better job at
that. B shift is quite a bit smaller as well. It’s a lot less employees than a shift .
Do you have trucking operations during B shift as well. As in trucks pulling in
pulling out.
They would maybe pull in but no unloading loading.
Do you guys work on weekends at all.
Pg. 72 March 4, 2025 Planning Meeting
No, not recently.
Ok, what is your next step now just move forward.
Right now, if we get clearance the question becomes what if anything goes to
Zoning Board and what do you keep here. We’ ve requested two interpretations as far as I know,
our site plan itself doesn’t require any variances. It’s just a question as to whether the outdoor
staging is something which would be handled as something which is same and similar as the
existing use and the question of how we deal with the expansion of the building. I know Josh has
a viewpoint on the expansion of the building, so I don’t want to preempt him from commenting
if he wants to but if we get interpretations the way we are looking for, we keep it all here. If not,
we are going to the Zoning Board, but we need from here we go into full design; we go and
analyze wetlands, we go and analyze all those other elements that we need to do to have a good
preliminary submission to deal with SEQR and everything on the site.
(NOT TALKING CLOSE ENOUGH TO THE MIC) The only building that is
45,000 sq ft would be the original building.
Correct. The larger building right now is a 60,000 sq ft building. We will be
talking about adding 21,000 sq ft to it. Everything else is well under the 45,000 sq ft threshold.
So that I guess you need a variance for that then right.
Well, yes. The town’s position is that the building expansion would trigger the need
for essentially there is a provision in town code an expansion of a non-conforming, pre-existing
non-conforming structure. So, f think that portion is clear. The outdoor staging, as Mr. Goldman
mentioned, we do not have a definition of outdoor storage .
My interpretation that would be that it’s staging area. It’s no different than
the Highway Department or like Dave said, the school buses. It’s a staging area 1 don’t know.
Anybody else, what is your opinion on that. Give them a consensus maybe. Eliminate the Zoning
Board if possible. Drazen???
I would say let the Zoning Board with their opinion on that as well. I mean the
difference here between school buses and highway operations again, is the use of the material,
especially for public good here. This is specifically business and this is raw material that is then
also being manufactured and then you have something potentially staged outside that is going to
be loaded up and then sent off. So, I can relate to difficulty of determining whether it is staffing
or if it is storage, but it sounds like we have to go to ZBA.
So, your opinion is that it needs to go to the zoning board. John, what do you
think,
Yes, I think so. How is this...is this like pipes or whatever you’re storing outside or
metal or...this is a neighborhood now we’ ve got kids around. What ts to stop kinds from coming
Pg. 73 March 4, 2025 Planning Meeting
in there like on weekends or at nights and playing on the stuff that ts staged outside.
John, the stuff has been there for 15 years.
So, you’re lacking the two definitions or the one definition.
I’m sorry....
For the definitions you’re looking for is it just for the storage or for the staging.
Well, our view is that it’s staging and therefore the Planning Board should take
hold of that and there is no need to get the Zoning Board involved in that issue. It looks like we
are going to the Zoning Board relative to the building addition and if that is the case, we would
request that this board consider a recommendation in favor of that when we....... You know, at
this point after the concept review because what that does it that it increases the amount of area
which is inside and also visually it’s not obtrusive because it is all right behind the ex-building.
It is not like we are expanding the visual footprint of it.
Is there a neighboring community that has a definition.
There are. There are lots of codes that define what outdoor storage is. You really
don’t see a whole lot that just say outdoor storage and don’t define it. It’s , you know, here’s just
been an undefined term.
Is this use consistent with the other definitions that you’ ve seen.
The other definitions vary in terms of what is going on. They talk about storage
of materials, and they can also be somewhat vague in terms of how they deal with it.
Again, if it’s....if we are leaving the interpretation to this board, then I take a
poll of the board and see where we are with it. I don’t want to see government getting involved
in every step of the way. We don’t need to go to the Zoning Board, why are we going to the
Zoning Board. It’s a simple thing. It’s just an interpretation. The size, that’s a set thing, that I
understand.
I will acknowledge that in terms of, I think the town staff interpretation has merit
when it comes to that.
How many years have you guys been there.
20 years
24 years and there has been no issues with it. This is the same stuff that has
out there been what we are talking about. So, now we are going to say go get a Zoning Board
Pg. 74 March 4, 2025 Planning Meeting
after 24 years to get an approval for it.
Well, that kind of goes back to my original question on this. I am looking at it
and saying that it’s been there for so long and there’s never been a complaint about it and the
town has not had to do any kind of action on it so therefor by default, it meets whatever definition
is available.
Peggy, what do you think?
I agree. I mean you are not anticipating the third shift at any point.
No
And you are not going to....how many people will be added for the new
operation.
Not any immediately. 1t’ll just depend on how the market goes. If we grow,
then we will add some. Not a third shift at this point.
Ok, yeah then.
I don’t see a problem with the outdoor storage there. The staging area.
I feel the same way. Mark?
If it works don’t break it.
That is fine, I agree with Mark.
So, Drazen, you prefer it went to the Zoning Board I guess but
I guess my hesitance there is just if it’s a way to limit it to the raw material of the
steel that’s there and not, let’s say there’s a future expansion all of sudden there is a new product
that they’re looking to manufacture and il requires some additional outdoor storage that is outside
of what we’re currently seeing there you know is there a way to say yeah it’s outdoor storage
because it’s raw material, it's steel instead of all of a sudden you see containers out there fir
something and it should have been in an enclosed storage space.
I don’t...so far is a rough poll here and I'd say that the board’s interpretation
is that it doesn’t not need to go to the Zoning Board.
If you could document that in some way for us that would be great so we can
take that to the bank.
Pg. 75 March 4, 2025 Planning Meeting
[ RESOLUTION 25-0027
Anthony Casciani made a motion for APPROVAL
OF OUTDOOR STAGING Located at 999
Picture Parkway. Applicant Ben Stroyer with Ideal
Manufacturing, Inc is requesting OUTDOOR
STORAGE STAGING associated with the
proposed expansion of a manufacturing facility on
a 10,30-acre lot having SBL# 079.07-1-1 located in
the OP Office Park District under Section 269-5 of
the Code of the Town of Webster which was
seconded by John Kosel.
VOTE:
Mr. Casciani AYE
Mr. Malta AYE
Mr. Giardina AYE
Mr. Anderson AYE
Mr. Kosel AYE
Mrs. Maltman AYE
Mr. Gasic AYE
Thank you and | assume that what this mean is that we’re authorized to go
forward and put in a preliminary application.
Yes.
] am sorry, he was talking to me, and I didn’t hear you.
| assume that what this mean is that we’re authorized to go ahead having gone
through the concept to deal with filing a preliminary application on this.
Yes.
Are they still going to the Zoning Board for the expansion
Yes, we will need to go to the Zoning Board for expansion whether we wind up
doing that between preliminary and final we do that before preliminary, I don’t know at this
point.
Will get together. I will be talking to Josh, and we’ll see in regard to the
board sending a letter in support of it. So will see where that goes.
Pg. 76 March 4, 2025 Planning Meeting
ADMINISTRATIVE ITEM:
¢ Approval of Meeting Minutes for February 4, 2025 (GIARDINA/KOSEL)
With no other applications before the Board this evening Anthony Casciani concluded tonight’s
meeting at 9:20 PM.
Respectfully Submitted,
Signed
Mark Giardina, Secretary
Katherine Kolich, Recording Secretary
APR 2°25 pH2:43
D WEBSTER THN CLK
M Mann
Pg. 77 March 4, 2025 Planning Meeting