Special Planning Board Meeting
Planning Minutes 2024.09.17

Minutes

September 17, 2024 · 49 min read · extracted text · View original

WEBSTER TOWN PLANNING BOARD MINUTES

PLACE

Webster Town Board Meeting Room 1002 Ridge Road

TIME

7:00 p.m.

DATE

17 September 2024

PRESENT

ABSENT:

Anthony Casciani, Chairman

Dave Malta, Vice Chairman

Mark Giardina, Secretary

Derek Anderson

John Kosel

Peggy Maltman

Derek Meixell

Josh Artuso

Erika Corsi

Katherine Kolich, Recording Secretary

Kyle Taylor, Attorney

Anthony Casciani

Welcome to the September 17, 2024 Webster Planning Board meeting. We

did call this meeting regarding Birdsong project, and we would like to welcome everyone here.

Pledge of Allegiance/Roll Call

Anthony Casciani

Ok, this application tonight, we just have the one application and that is the

reason for this meeting, and it will be a public hearing, and we will eventually open it.

Summary overview of outcome:

TABLED MATTERS

:

BIRDSONG-CONIFER COVE

Applicant

Grove Underhill, LLC

Status; PLANNING BOARD DECLARED LEAD AGENCY FOR PURPOSE OF

ENVIRONMENTAL REVIEW.

(Mark Giardina read the application)

BIRDSONG AT CONIFER COVE SUBDIVISION

Located between the cast end of Conifer

Cove Lane and Websicr Road. Applicant Grove Underhill, LLC is requesting PRELIMINARY

/ FINAL SUBDIVISION AND SITE PLAN APPROVAL (

PUBLIC HEARING

) associated

with the creation of 9 lots for construction of 8 single family residences and an associated

stormwater management facility on a 5.55-acre parcel having SBL# 065.18-1-27 located in an

R-3 Single Family Residential District under Sections 269-11, 296-20 and 350-12 of the Code

of the Town of Webster.

Pg. 149 September 17, 2024 Planning Meeting

Anthony Casciani

Ok before we start, the main reason we are here tonight is for SEQR and

environmental issues and stuff and as you recall a lot of people were here at the last meeting and

it was determined to go through the SEQR process so on so forth which we need and part of that

is notifying interested agencies who may want to do this like the DEC; the county; besides us

well no one wanted to touch it. They said you guys take it. So, that is why it is back to us and

now after this....we have to make a determination, taking lead agency for it so 1 guess we have

to do a motion on that, right.

Derek Anderson

Do you want to wait ull the end.

Kyle Taylor

I would wait till the end.

Appearing before the board was Fred Shelley with BME Associates representing the applicant,

Grove Underhill, LLC also in the audience with us is Mitch Brodsky and Jeff Bell with the

applicant. I] would like to share our appreciation to the Planning Board for scheduling this special

meeting to allow for the coordinator review of SEQR for the continuing hearing of the request of

preliminary and final subdivision and site plan approval for this single family lot subdivision and

one more lot is included for storm water management parcel.

From the last meeting, there have been no plan revisions made since the August 6 meeting and

the design maintains the proposed 600 foot dead end public roadway with the buffer through

Conifer Cove Lane dead end area. It maintains public utilities construction including sanitary,

storm sewers, slorm walter Management area, and water mains and the proposed parcels comply

with the zoning district regulations regarding the lot area width and the setbacks.

Further review of the site, the parcel appears to be zoned single-family residential for several

decades and although several updates to the town comprehensive plan have occurred in that time

frame and this parcel does not appear to have been identified by the town as an area for

conservation. In regard, as we are doing SEQR we are reviewing the project’s environmental

scllings and potential impact. We are in receipt of the towns Conservation Board project review

report dated August 12" of this year. The Conservation Board noted the following: They

identified that there were several maples on the site with recommendation of retaining them;

indicated that the site is heavily treed parcel, but it is mostly small growth and brush. The

Conservation Board recommended a dead end road way; retaining current natural buffer; and

then there was a recommendation for storm water management facility relocation.

In addition to the Conservation Board, in the report the applicant also acknowledges comments

that were made from the public during the past (wo public hearings and specially with suggestions

to conserve onsile natural arcas and bulfering to the Birdsong Trail and town property. The site

was reviewed for threatened and endangered species or plants or animals in our natural

communities and none were identified per the DEC environmental assessment map around line

software. We have reviewed arial photographs, so the area and proposed development area

appears consistent with development along the Birdsong Trial and town property. We do note

that the trail specifically adjacent to the site is between approximately 120 and 270 fect from the

Pg. 150 September 17, 2024 Planning Meeting

property line of project also continued review of Conifer Cove Lane; Blue Creck Drive; Bel Arbor

Terrace; this is pretty consistent within this area for setbacks along there. There are lots that have

clearing up the property lines and they are within that 120 feet and some cases, they maybe less

from the existing Bird Sanctuary Trail. The applicant maintains the belief that the mature trees

do bring value to the project and will commit to retain and preserve healthy trees 8 inches in

diameter and Jarger within up to 10 feet of the project south boundary line.

Just to address some of the comments received from the public. These tree locations will be

located by survey, and they will be added to the plans with appropriate protection provided around

the tree ts including up to the drip edge during construction. The applicant ts also requesting that

we locate additional healthy live trees within the rear yards, proposed rear yards of these love in

review and potentially revise the site design to selectively retain any selected trees that we can

do while maintaining the overall consistency with the proposed development.

We have provided written responses to the towns review comments in a letter dated June 26 that

was a July 17" PRC comment so we understand that the town Highway Department may have a

few more minor comments pertaining to the layout of the proposed hammerhead turnaround and

will work with the town to address those comments and the project progresses. We have also

received the typical review comments from the Monroe County Planning & Development office,

and we are working to address those comments as we proceed through with the approvals of this

project. With that, 1 would be happy to open if up with any questions from the board.

Anthony Casciani

At this point, does anyone have any questions you would like to bring up.

What we could do, should we open this to....right now to the public. It probably would be the

easiest way to see what comments. Ok, what will do is open the meeting and please, | am going

to ask you to go up to the microphone and give us your name and address. We have got several

people here and we don’t want to drag this. My attention span is about this long after 5 minutes,

} don’t know what you are talking about anymore and I don’t know if anyone would really

understand so keep it down to a3 minute conversation. If someone has already spoken in regard

to whatever, trees, water drainage, please limit it and lets not repeat the same thing over. We get

no where with that. So, if anyone would like to start, go ahead and speak.

Tony Manicone at 1235 Stafford Crescent: | have just recently became aware of this, so this is

Kind of an ignorant question, it is my understanding that this was private property that the

developers are going to be building on, and Lam just curious, is that all or is there more to come.

That is the entire property that is under review that......after that no more building.

Anthony Casciani

That 1s correct. I believe itis 5% acres that’s it.

Tony Manicone

And fam just curious to, why it is sloping down on the left side of the backyards.

It doesn't matter tome Lam just curious. Why isn't straight across for the back lots.

Anthony Casciant

Ok, just give us your questions and then we can have them respond to them.

Is there another question that you have?

Pg. IS1 September 17, 2024 Planning Meeting

Tony Manicone

No, that’s it for now.

Anthony Casciani

Ok, well thank you. We will have it responded to. Anyone else wish to speak.

Come on, someone wants to talk, [ know you do. You have been sending letters left and right and

a lot of them don’t even make a lot of sense. Totally in error but.... You know, I want to bring

something up. Actually, go ahead up. Last meeting there were comments made that the developer

was going onto Birdsong Trail destroying some of the property so on and so forth, folks, this is

misleading information, stick to reality. After a little research on that, the town Highway

Department has to go in there............

Someone front the audience stepped up and did not announce her name: Sir, | was at that meeting,

and they didn’t say developer, they said, the person down that is developing on Orchard.

Anthony Casciani

Well, it wasn’t him either.

Someone from the audience stepped up and did not announce her name: Well, 1 am just saying

what | heard.

Anthony Casciani

Alright well we are not going to get into it, but I don’t care who you thought

it might have been, the point is, that was the town Highway Department had to go in there to

resolve a serious drainage issue that had occurred. Now, they didn’t tear down trees. It was brush

and they had to clear out an area to work and that was it. This is how it gets blown where everyone

is like, the towns in there and they are tearing it; the builders doing it; folks, get your information

right please before you do this. It is very, very frustrating for us up here to have to listen to that

and have to resolve it.

Diana Davis at 942 Gaywoad Lane: So, 1 guess a couple things in order, one, 1 find it

disappointing that no amendments have been made to the site plan since August 6" even though

we obviously identified the relevant items of the code that should have taken into account prior

to Planning Board approval particularly those items that stipulate that town Planning Board

shoud require of the developer a survey of an existing of mature trees. I don't think that it is

within keeping of the code to then provide the developer with the planning permission under the

promise that they potentially might revise the site design. So, to that end, our group has actually

provided all of you with evidence of existing mature trees on the site and in fact there were 82 of

them all through out the site so exhaust of effort on our part, something that the developer should

have commnissioned if he really does feel that mature trees adds that value to a property than that

is something that really this a weod lot and that is and should be the priority. It is also existing

habitat and that needs to be taken into account you know, the town Planning Board within it's

remit, the ability to insist upon the preservation of that existing vegetation and wild life habitat

pursuant to 296-16 (13) right. So, T think you know really, where we are coming from is we don’t

want fo see planning permission given until such time as the site plan has actually been revised

in good faith to show that there is a genuine attempt to preserve the wild life and habitat. As |

understand it, given that we have proven that there are mature trees through out the site, failure

to have required that documentation from the developer indicates a decision on the part of the

Pg, 152 September 17, 2024 Planning Meeting

town Planning Board that such was not required and that would be erroneous and that would be

grounds for the citizens to file an Article

78. Further to that, the Conservation Boards report

quite frankly, false. They are obviously not all dead ash and small trees. Clearly someone from

the Conservation Board didn’t actually walk the property,

Anthony Casciani

Actually, they did. They took photographs to.

Diana Davis

Well, the obviously didn't measure the trees because I can tell you that there are

82 tree that are quite large, and they are not just maples. So, | also want to correct a falsehood,

the town actually did identify this as a parcel worthy of conservation. Mitchell probably doesn’t

remember this, but I spoke with him in the summer of 2022 when our group was working with

the town looking into basically assembling a database of parcels worthy of preservation and this

was on our list. He was put together by John Behan who some of you might remember, it is a

consultant that worked on the 2005 referendum which passed although the town decided not to

pursue a referendum that parcel still remains one worthy of consideration for conservation

because of it’s proximity to the Birdsong Trail and it’s being across from obviously the rec center.

In fact, we would love for the town to purchase this property and turn it into a park.

Anthony Casciani

Ok, are you almost done now. We don’t want to hear a litany of everything

over the years.

Janiece Jackman yelling out and being disrespectful. ARGUING WITH THE CHAIR BECAUSE

SHE DOFSN’T LIKE HIS TONE.

Anthony Casciani

We gave 3 minutes, and | set ground rutes from the beginning, it’s over 3

minutes and you are not making things better.

Diana Davis

Tam alinost done, if 1 could just......

Anthony Casciani

Let me go a step further, we did receive your paperwork and reccived it at

4:30. What would you expect these board members to do with this when it got to the town hall

at 4:30. When are we supposed to review this.

iy a public hearing and that given that we submitted it within the public comment period, which

includes tonight, it needs to be taken into consideration. A decision should not be made based

upon evidence that you didn't have so... yeah.

Anthony Casciani

Ok, now back just-a litte bit regarding the trees, all the developments over

the years that have come in, where you live, where we all live, there were trees. How do you gel,

and someone suggested an arborist go in there and mark the trees......what happens if you have a

really good trec and ends up being like where the middle of the road is. See, this is all we can do

is try and save the best trees. Once a development is approved the house is going to be built.

Pg. 153 September 17, 2024 Planning Meeting

Diana Davis

| think that you can do more than that. There are certain neighborhoods in Webster

that are heavily treed and just because it cost the developer more money, | feel that the

responsibility here is towards the peaple of Webster and the habitats of Webster not towards the

developer. Who inherited the property from his parents is a property manager of other

properties. This is not his retirement; he is not going to be destitute ok. I do feel this is a case of

convenience over, you know, convenience being chosen and the well being of the people of

Webster being sacrificed if this is developed as it is. The fact that not even a single amendment

was made since August that is just total disregard. It is clearly in the code; | clearly mentioned

the item in the code that the developer should have adhered to. Go get someone out there and

survey the trees. Make amendments to the site plan. You can’t approve that without that having

to ben put forward, That is legal standing right there.

Anthony Casciani

There isn’t anyone disagreeing with you on that. I said earlier, this

isn’t......the intent here is to take lead agency and move forward with comments that need to be

addressed. We are not approving this. Do you see what I am saying. We are putting the cart

before the horse. It’s like you guys have this figured out and it’s a done deal. There are a lot of

issues that need to be resolved.

Diana Davis

Lam sure you can understand, it’s an emotional issue for a lot of people and I think

honestly it is just because you know this is a huge priority for everybody is Webster. There is so

httle, it’s like everybody is very emotionally attached now to whatever woods we have left because

there is nota lot left and so 1 do appreciate everything you guys are doing and the fact that it is

a SEQR TYPE Tis huge, but really do what to see the developer do more. We actually mocked

up very unprofessionally...J mean I'm sure it’s not like to engineering standards, but we did do

a model of the type of site if they want to look at it keeping the tree line close to the houses and

Keeping mature vegetation throughout. So, that is ail I have to say.

Cicilia Rubella and that name might strike a bell because you guys got pictures of wildlife from

1291 Foothills Circle. (NEVER SIGNED IN) 1 disagree with the DEC. In there is a picture of a

hot pink, neon hot pink cardinal with no black markings. 1 am not an ornithologist; | chose not

to contact Cornell because quite honestly, | didn’t want a bunch of twitters coming through my

back yard and turning it into a research site. That bird comes from the property under

consideration, and you will see the amount of wildlife and you will see the trails leading from

that property to my backyard since 1986. In response to not getting the paperwork, about the

trees we expected when we woke up this morning that it would have been delivered by the

developer as we thought was requested and when we woke up this morning, we discovered it was

nat there and so a member of the group spent there time going out with tape measures and doing

the job of what I consider to be the developers job. We did it.

Doug Rubella same address as the previous speaker (NEVER SIGNED IN) 1291 Foothills Circle.

My property immediately abuts this development to the north. The entire side of my property

abuts, the back side of my property abuts this proposed development. 1 appreciate that the

property is coned R-3 Pecan accept that because so is my property on the other hand, we can not

pick and choose what elements of the town code we follow. You must follow then all. The town

Pg. 154 September 17, 2024 Planning Meeting

code specifies that properties, new properties, nutst minimize impact on existing vegetation and

wild life. This proposed development can not be put in place and simultaneously fulfill that

element of the town code. You have the citations on some of our literature. The other element

of the town code has to do with the impact on adjacent properties, not just ours. The Birdsong

Trail did not exist until a few years ago or sanctuary trail, excuse me did not exist until a few

years ago. This proposed development immediately abuts tt and the impact on that for wildlife

and vegetation will be severe. The wildlife currently abiding in the property under consideration

is going to be forced off that property and onto the bird sancttary trail and adjacent properties.

They have no where else to live and if you have a chance to look at the document of the wildlife,

we fully documented a large and diverse and characteristic fauna that call the property home

now. | submit to you that it is impossible to develop this property and still follow those two

elements of the code. That is the tmpact on vegetation and wildlife that is required and the

ninimization of impact on existing properties. | do not believe that this property can be developed

and be consistent and compliant with those elements of the town code. Thank you.

Mr. Risentaylor and I live on Webster Road just north of it Birdsong Trail. (DID NOT SIGN IN

AND 1 CAN NOT UNDERSTAND CLEARLY) and we lived there for 42 years and Rt 250 is like

an expressway, and I have no doubt that Mr. Brodsky will in the end, will be building a

subdivision but what bothers me the most is the access to Rt

250. Why is it blocked off at Conifer

Cove. Why don’t they just have access through Conifer Cove and block it off at

250. So, it

wouldn't be popular with people on Conifer Cove Pit sure but just wondered why it’s blocked

off at Conifer Cove and the only other access is Webster Road .

Anthony Casciani

You mean dead end it at Webster Road and come down Conifer Cove

Mr. Risentaylor

Yes, and block that off at Conifer Cove and block it off at Webster Road.

Anthony Casciani

The intent was when Conifer Cove was built then intent was to run that road

straight through and the people that are living in there, they were opposed to it because of all the

traffic to the north of that and so on would be able to exit out there and they didn’t want the

additional traffic going so the board !ooked at it and said well, ok will keep this a separate, small

8 lot so that is how that transpired but now I think a lot of that would probably be the results of

the Fire Marshals review on it also for fire access and so on.

Mr. Risentaylor

There ts a crosswatk just to the south of that and people can't even get across

the crosswalk. Cars don’t stop.

Anthony Casciani

And |] don’t think anyone is going to disagree with you. You are a 100 percent

right. We know that but that is a state road. Does the state need to do something with it, that is

beyond our control. You are right and [ agree and understand what you are saying. | don’t have

a solution to it but ail that we can do is look at what is put in front of us...does it meet the

requirements; there are no variances; there is nothing necessary for us to try and modify out of

that we can’t. The subdivision to Sage Brook ts it, there are lots in there, these lots are full sized

lots. You look at Sage Brook, | got a letter from one gentleman over the complaining about this

Pg. 155 September 7, 2024 Planning Meeting

and 1am looking where he lives. His lot ts almost half the size of one of these lots. They are

jammed tn there. It’s an MHR zoned. So, that subdivision on that many acres probably has twice

as many houses. See, we did not set the zoning. We deal with what the code says the zoning is.

Mr. Risentaylor

f guess, my may concern ts the exit to Webster Road, and f think it should have

been through Conifer Cove.

Janiece Jackman at 27 Westover Drive: (DID NOT SIGN IN) When is the last time the code was

updated ?

Anthony Casciani

| believe it was 2008, was it. Josh, you weren’t here.

Josh Artuso

Well, certain parts of the code have been updated. The major overhaul.

Anthony Casciani

There have been parts.

Janiece Jackman

So, it’s 2024 and 2008 sounds like a long time ago. 1 believe that is 16 years.

Is that on the docket to consider looking at that again and updating it because since 2008 there

has been quite a bit of development. Do we all agree??? So, when we talk about the street and

the traffic and that you can’t cross the street to hike the Birdsong Trail. The reason is becatse

of all the development that has been allowed to go through. So, when we talk about these wooded

lots or these beatiful properties that many residents, many and they are not here tonight would

love to have preserved. When we defer to a plan over a decade old and we say you know, the

code allows for that, Is itabout time that given all the time, and I would argue, over development

you might just call it development. With all the development in the town imight it be time

considering these plots of land that are left for greenspace, for human beings to enjoy and

communion with nature; to have animals; could we now, now that this number gets increasingly,

you know the number is smaller and smaller and smaller . If we keep deferring to a plan that is

over a decade old by a lot, could the next matter of business be that we need to update that plan

and f will voluiteer to work on it with anyone whe wants to do so, if you are allowing for public

conunent,

Anthony Casciani

Actually, right now, they are working on updating the comprehensive plan.

Janiece Jackman

Who is they?

Anthony Casciant

The town.

Josh Artuso

Can I speak just so 1 can provide an update. So, the town did recently rclease a

request for proposals to get some consultant assistance. Those proposals were received on Friday,

last weck.............0:e ec eee eee ee eee es

Janiece Jackman

Request for further development is that what you are talking about?

Pg. 156 September 17, 2024 Planning Meeting

Josh Artuso

NO for professional planning consultant services to help update the existing

comprehensive plan, So, town staff is in the process of reviewing and selecting a consultant and

we will be publicly kicking off the project later this year.

Janiece Jackman

Later this year and expected new plan might be mid next year.

Josh Artuso

I would say it would at least take 12 months and there will be a lot of opportunity

for public involvement.

Janiece Jackman

Ok but you understand where | ant coming from that we are...... the developer

and those who are here tonight we are on two opposites of the fence. Those of us who are here

are clearly in favor of protection of green space. It is good for human, it is good for animals, and

then we have the money side and the development side. We have a plan that is border line out of

date and so when you say to me, well, look E can show you in the plan that is says this is allowed

for zoning but again we are talking 16 years old, and you have allowed so many or the Planning

Board or the town or whatever the entity is called. You have allowed so much development in

this town that to say, OH....you know, [think it’s about time and Lam glad to hear you say it’s

2??? but the time is at hand because there are to few properties left and yes, [ have said it before.

You have two types of residents here; you have humans, and you have animal residents here and

they need to be taken into account, They are not fluffernutter. The are creatures that depend on

us, and Lam not (THE RECORDING LOST SOUND SO I WAS NOT ABLE TO CAPTURE ALL)

when fam out driving, there is an empty lot right opposite about, Bel Arbor is that what its

called....and it's just open grass. There a home and home and just free space in the middle.

Sometimes when | have conie out of Bel Arbor, 7-730 do you know I witness deer playing. They

are playing and these are creatures that have feelings and families. Just watch a PBS show to

get a sense of what animals are all about. There just not fluffernutter and no body has to take in

account where they go. They can not live in a subdivision. That is not a habitat,

David Kassnoff at 784 Daventry Circle: (DID NOT SIGN IN) Thank you and I will keep it real

short. | don't live anywhere near this property. 1 live closer to West Webster. 1 can tell you that

a few years ago a large, wooded area just north of where I live, north of Gasberry. A development

of single family homes went in and there were not a lot of home, from my recollection, 16 of them

but a habitat was destroyed, and | am not a big Bambi person, but the deer need a place to live

and right now they are living in our backyards on Daventry Circle because there habitat was

destroyed, and they are probably crossing the street at night in the dark where it’s sometimes

hard to see then until they are wrapped around your front bumper. So, | would give serious

consideration to taking down more wildlife habitat space, anywhere in Webster because the

wildlife has fewer places to live, and they do end up in the backyards of home owners in our

wonderful town. That is alli have to say, thank you for your time.

Deanna Sloniker at 853 Phillips Road: No where near there but l walk through there several

times a week, Also, does anyone know what happens to habitat fragmentation. All the mice stay,

and they carry lime disease and other diseases. That is how lyme disease spreads, not through

the deer, through the mice. Also, why do we need a drainage management facility, that is what

Pg. 157 September 17, 2024 Planning Meeting

trees and vegetation are for.

Dr. Bernie Marcus and Tanta retired biologist. (NEVER SIGNED IN} nota physician and I have

worked on a number of environmental projects similar to this. 1 just wanted to point out, with

the, in spite of whatever the developer does to deal with surface and subsurface runoff, when you

have a suburban development, you are going to have fertilizer; you are going to have pesticides;

there are all going to run off and it’s going to end up in the Mill Creek and they will end up in

the pond that is being developed and then it will turn into another basically, algae. That's all,

thank you.

Anthony Casciani

I am going to tell you guys a story and it’s going to bore you, and you will

end up falling asleep. I think the opinion of a lot of people is this board is here just to push

development through, well, ] am going to tell you a little story. Years ago, | would go home after

a Planning Board meeting, my wife’s maiden name was Klem. Klem Road was their family farm

back in the 1800’s and T used to hear from her, what the hell are use guys doing with this, so ]

didn’t onty catch it here when I went home, I caught it there to. So, our feeling is we are not

pushing for development we are doing what the code says to do, that’s it. Nothing more, we are

not looking to push development your comments are all well taken but the reality is this is what

the code says, and this is what we follow.

Audience member speaking out and not at the podium.

Anthony Casciani

Ma am, | am talking now. You are not talking, sorry. I gave you a chance to

talk and we listened. You just don’t interrupt like that. Thank you. You talk about me being

arrogant.

Janiece Jackman

speaking out and not at the podium.

Anthony Casciani

What do you want me to do about it?

Janiece dackinan

STILL speaking from the audience. (SPEAKING ABOUT OUTDATED CODE)

Anthony Casciani

Hold it, we are not talking about an outdated code, this mecting is not about

an outdated code ok, this meeting is about a project.

Janiece Jackman

speaking out from the audience.

Anthony Casciani; Ok, you are done, stop. Anyone wishing to speak? Your points are all well

taken bul we are doing what the code is allowing, that’s it.

Audience member

(DID NOT STATE HER NAME) 1 don’t think the problem is with the code as

ay husband pointed out and if you follow the code which is your charge as the Planning Board...

Anthony Casciani

We do.

Pg. 158 September 17, 2024 Planning Meeting

Audience member

Lam not saying you don’t ok 1am sorry you are taking it that way. That is

not what fam saying. Ok, fam saying if you follow the code, right now as it's written, your in

quite a quandary because you have an R-3, but the code is telling you something else, you have

got to follow it all. You can't pick and choose as you very well know. What is out of date is the

Comprehensive Plan that overall hasn't been addressed since 2008 and for someone to go in and

tell us that we only have a couple of trees when one of our people went in and literally took almost

the whole day to measure all those and it was 16 years ago. Trees grow as we all know so what

we as a conununity are asking us to do is look at the whole thing and look at the code and I

believe that this development can not go through if you follow this code. There are two parts of

it, Pm not going to bore you. You probably dream of it at night, but you cannot do the protecting

and allow building to occur. Thank you.

Fred Shelley

Yes, if the board has any specific comments that you would like us to respond to,

we are happy to do that. One of them that did pop up was the State Rt. 250 and the access plans

have been submitted to the state DOT for their review . They are reviewing the site distances.

We did proactively reach out to the state before we came in with a concept plan and the state

DOT came back and mentioned that there were no concerns with the additional access to the road.

Anthony Casciani

Ok, Somebody early on asked a question and I was going to have them address

it.

Audience member speaking out. SOMETHING ABOUT THE PROPERTY LINE NOT BEING

STRAIGHT.

Fred Shelley

Oh, that’s an easy one. That line isn’t straight, it is what has been left over I believe

the condemnation of a portion of this property...............

Audience menber speaking out while Mr. Shelley is speaking. THIS SHOULD NOT BE

HAPPENING WITH AUDIENCE MEMBERS SPEAKING OUT. THEY HAD AN

OPPORTUNITY TO SPEAK AND LF THEY WANT TO SPEAK, THEY SHOULD BE AT THE

PODIUM.

Anthony Casciani

| said this before. The Town of Webster has more open space and open lands,

park lands, whatever you want to call them in any community in Monroe County and I sometime

question it, are we smart doing this? Maybe the town should have not taken Birdsong Trail

initially, What do we do? If we didn’t take it, we wouldn’t be sitting her and arguing about it alll

this but yet we want to preserve the land, and this is what the town has been doing but it comes

back to bite us in a case like this now. People have moved in just a stones throw from it. Their

lawns are not even established yet and they come in complaining that there is a development

going in over by Birdsong. That is frustrating, very frustrating...anyways. Again, we have to

make a motion for lead agency.

Laura Jonasse at 1190 Scandia Drive: (DID NOT SIGN IN) The comment that we have more

green space than any other space, GREAT! We should keep it that way. dust because we have

Pg. 159 September 17, 2024 Planning Mecting

more parks or whatever doesn’t mean we develop everything we have left. | meant we have so

much development going on the last couple of year here, | am just beside myself. Every time

those signs pop up, they just go in and clear cut and so yeah, it ix your job to deal with this stuff

and Pin sorry you feel like it’s a burden that the town took over the bird sanctuary trail. You

should be thankful you have that. It's an awesome place that we have in our town, So, it's a good

thing that we have so much green space. Keep it and don’t keep giving it ottt.

Anthony Casciani

We are not giving it out.

Laura Jonasse

Then don’t develop it.

Anthony Casciant

Ma am, somebody could have bought this and made it part of the parkland

that ts all | have every said. I am with you 100 percent. Iam saying a person buys it

Laura Jonasse

Speaking over Mr, Casciant. ani not going to argue with yout.

Anthony Casciant

The land is zoned in such a way that the applicant is entitled to build, and, in

this case, there is no variances, and nothing requested other than to meet the code for 8 houses.

That’s it.

Rodney ? Guisberg and lives tn Conifer Cove: (HE STARTED TALKING AS HE WAS WALKING

UP TO THE PODIUM) I am relatively new resident here, but ] realize this might be out of the

question but surely the developer has a price in mind where he would be agreeable to selling it

to the town. Given there is so many people are so captivated by the conservation and habitat

value of this piece of property. | have to admit, | am to, and I don’t think that Iam going to be

frving here that long but I feel that | wouldn't be doing people service if 1 didn’t step up and say

that this is a pretty important piece of property for the future and why is there no discussion about

buying the property off the developer. I mean at some point you get to a price where... if he is

not willing to sell, what's he up to. Pmean what does he care, if it’s only money. Offer hint the

money. Unless you say that it’s not that important to the town which is a fair thing for you to say

but 1 just find it interesting that there is no discussion about the alternative.

Anthony Casciani

These are comments that we have had before. It’s like a piece of property is

available, why doesn’t the town buy it. How can the town buy it. I don't want to pay taxes for

more property. Who ever lives there, if you want to save il, somebody could buy it and use it for

whatever.

Rodney ? Guisberg: But has a price been set. H's only S acres. | mean, what is the real estate

value for 5 acres of property.

Anthony Casciani

So, suppose all the neighbors around there chipped in a 100,000 dollars a

piece, you could buy it and keep it and make it a park land.

Pg. 160 September !7, 2024 Planning Meeting

Rodney ? : But 1 heard, and maybe this a roomer but | heard that the developer didn't want to

sell but that doesn't make sense.

Audience member speaking out.

Anthony Casciani

ok, thank you. Ok, we should do SEQR.

Derek Anderson

This is a SEQR designating LEAD AGENCY

RESOLUTION 24-0046 Derek Anderson made a motion PLANNING

BOARD DECLARED LEAD AGENCY FOR

PURPOSE OF ENVIRONMENTAL REVIEW

which was seconded by Mark Giardina.

VOTE:

Mr. Anderson AYE

Mr. Kosel AYE

Mr. Malta AYE

Mr. Meixell AYE

Mr. Casciant AYE

Mr. Giardina AYE

Mrs. Maltman AYE

Anthony Casciant

Ok, that makes us lead agency for this project now the next thing we have to

do is, information that basically want to be addressed, correct?

Kyle Taylor

Correct. | think the August 6" meeting I believe it was the town had requested

information requesting vegetation on the property; I don’t believe any revised site plans were

provided reflecting that information, so I don’t know if the board wishes to address that.

Anthony Casciani

Do you want to present that at a future meeting than.

Fred Shelley

Yes, Mr. Chairman, We will pull together show the existing trce locations on the

sile, yes.

Anthony Casciant

To me, personally, my areas of concern would be, and I just made a couple of

notes . The traffic; the drainage, noise in the area; lighting, what kind of lighting and so on;

vegetation and the trees. Fhose are the main things | think that are the biggest concern everyone

has.

Derek Anderson

With that in mind, one of the part on the environmental review process is the

preparation of environmental impact statement and because of the nature of this project and the

number of things that we have concerns about | think that all should be documented on the

Impact statement.

Pg. 161 September 17, 2024 Planning Meeting

Kyle Taylor

An impact statement won’t be required unless or until the Town Board, excuse me,

the Planning Board makes it’s finding relative to SEQR. So, if the Planning Board is going to

make a decision as to..........

Derek Anderson

I guess what I would be looking is we have a lot of questions that are being

presented to the applicant and we have answers (NOT SPEAKING LOUD ENOUGH) that are

given back during presentations there really isn’t anything that is consolidating them all into one

document that we rely on that completes the SEQR process.

Anthony Casciani

(NOT SPEAKING LOUD ENOUGH) It would be an environmental

assessment form, wouldn't it.

Derek Anderson

Well, it would be things that supplement the environmental assessment form.

Kyle Taylor

Right, if the Planning Board gets to the point where they make a declaration that

necessitates the EIS. ] understand what you are saying but you wouldn’t require the applicant at

this stage today to complete an EIS. Now, if after receiving feedback and the supplemental

information that the Planning Board makes positive declaration then it requires an EIS and then

at that point they would take that next step. I guess it’s more over substance and I understand

your point there, but I just don’t want to require the applicant at this stage, an EIS. Now, to your

point, if they are going to be providing information then it would probably be helpful to

document that , a comprehensive document where if you do get to that point rather than

recreating the wheel, it’s all readily available.

Derek Anderson

(NOT SPEAKING LOUD ENOUGH) a response back in « consoltdated form

that really addresses comments that have been received to date.

Fred Shelley

Thank you, Mr, Chairman, if | might suggest is that we...just to confirm, traffic,

drainage, lighting and then both vegetation and trees and other vegetation on the site. Were there

any other items?

Someone from the audience yelling out.

Fred Shelley

So, what we would offer is we will resubmil the engineers report and we will also

include beefed up sections within that engineers report or provide you a narrative specifically to

assist you with that determination,

Anthony Casciant

Ok, that will do it.

Ken Yankloski at 768 Bel Arbor Trail: (NEVER SIGNED IN) In addressing the trees and lets say

anew survey or whatever is done to deem this tree can not be taken down and I understand that

ifa tree falls in the middle of a basement, you can't leave it there, If it falls in the middle of a

road, you can’t leave it there but the trees that are deemed in the back lots that have to stay are

Pg. 162 September 17, 2024 Planning Meeting

there any restrictions for the new home owner once the home ix purchased? That the home

owner can take that tree down themselves.

Anthony Casciani

Generally, that is the way it is, it is their property. It is not protected. It is not

an environmental protection overlay district. If it were something like that, it would be a

different story. In case tike this, like this, there is no restriction to that. In a lot times, God, I

have been in it so long. Trees, we have always wanted to save trees. I have gone to schools

with maps of the Town of Webster when the first invented the airplane and there is not a tree in

sight , it was all farm land back in the early 1900's . Ht was all farm land. The trees were along

Irondequoit Bay; down creek beds and things of that nature and as time went on, developments

and more came along. There were developments that had started being built and built and then

nothing. Iam dragging this all out but over time what has happened we have developed houses

all over the place bul now somebody brought up Gasberry Lane or something at the last meeting

| think in that area over there, that used to be a corn field and somebody at the meeting said, oh

my god, that is like a forest over there. Yeah, it is but what is the first thing people do when they

move in, they plant trees, and they plant good trees and what happens with trees in a subdivision

like this when they have grown together. One tree holds the other up and this is reality, you take

a bunch of these out and save this one, and this one, the wind hits those trees, those trees

ultimately 9 times out of 10 are going to fall down and they are just an umbrella. A long pole

with a couple of branches on top. That is the reality of this. There are some good trees, and I

am not saying that there ts not, but that is the way most of these woods are. So, when you save a

tree here and save a tree there, it’s really like saving a telephone pole with an umbrella on top.

Janiece Jackman

speaking out. COMES up to the mic and does not state her name: Twas just

conunenting that it isa carbon syne as it stands right now and we are living in the days of global

warning ok, it’s no longer debatable that ship sailed 10 years ago. So, this is a great carbon

sync, these are important for the planet but even as you are talking about trees and if we save

one and it's just a free standing wibrella with a couple branches. I can’t say we because I think

we are adl on the same page, it seems like you and TI will do a universal you, you are missing the

point of really what we are talking about and almost every person has gotten up here to defend

and that is habitat. Edon't know why that is falling on deaf ears. Is a thing. You have a

gentlemen here or woman here that spoke about, 1 don’t know the street, Gasberry and the

woods were taken down and he witnessed it, Animats kind of at a loss. Just like the property

that weat up, the condos on State Road | believe. They wiped that forest out and what do we

have, fox in the Town of Webster.

Anthony Casciani; Let me say | agree with you for once, so we are in agreement on that. Now

what would you like us to do in regard to that.

Audience member

| believe you asked me this the few times I have spoken, well I would like,

because | don’t actually know if the developer who owns the property is here tonight....is she or

he here? I would be curious if you would be willing to speak to us about what your magic price

is number one and number two, you want me to have an answer to the preservation when all |

can do is defer to code or plan or comprehensive plan and I’m not even good with the verbiage,

Pg, 163 September 17, 2024 Planning Meeting

but I know there are enough people in the world, and we all have access to info. It is common

knowledge, the communities that care for animals and habitats that really represent a town well

and so am I saying you are a deer killer or anyone up there, I’m not and I don’t have the answer

for you but | know this thing is at your feet and we are not just talking about some woods and a

couple trees, we are talking about you know there is a wooded area across the street; there is the

proposed development and then there is this great trail and you have the photos of all these

animals that are laying right on the line.

Anthony Casctani

But you are not answering my question.

Audience member

Because I don’t know what the answer is because I can’ recreate the code for

you.

Anthony Casciani

This is what is in front of us right here.

Audience member

But I think you have had some people here tonight that have talked about,

and Diana has her hand up for violations.

Diana Davis; Two things, one thing you could do, that site plan, alternate site plan in the spirit

of that we submitted to you, make tt so the tree line is up against every house and keep it wood

lot. Don’t just preserve the big trees, keep it literally scrub with the big trees in the back so they

alt hold each other together and the habitat is preserved OR give nie a month to walk door to

door to every single house in this town and try and get the money together and contact the Town

Board about reconsidering this because | will do my darndest, and I will get people together and

we will knock on doors.

Anthony Casciani

Here is the thing, if we did something like that here now, | don’t know if

legally we could impose that full back wooded lot, what happens if someone wants to pul a deck;

patio; swimming pool what do we do?

Diana Davis

Speaking from the audience. Disctssing how people would like to live in wood lots

and there are so many homes.

Anthony Casciani

I didn’t get a chance to see the documents you gave us. You show us your

design............

Diana Davis

Speaking from the audience.

Anthony Casciani

Until someone finds away to make water flow uphill there is no way. You

could put the pond where your showing it, that is the highest point on the site.

Diana Davis

Speaking from the audience.

Anthony Casciani

Water has to flow. It is all designed and engineered out.

Pg. 164 September 17, 2024 Planning Mecting

Diana Davis

Speaking from the audience.

Karen Michler at 1271 Conifer Cove Lane: (DID NOT SIGN IN) If have lived there since 1990,

Barry Barone did a wonderful job when he built that track of 24 houses, and | don’t know what

the Planning Board stipulation was but the amount of trees that he kept up and Lam thinking that

in our back yard from the end of the house is probably maybe 15-20 feet and after that

everything was left just as it was. Several years later if you were to driven down the street, you

would have never suspected. It was like a one or two year old neighborhood and it was

beautifid. So, I don’t know if there is anyway to take a look back at what his stipulation was int

terms of vegetation, but he did a wonderful job. So, [think these house are probably going to go

in but take a look at that that might be a good blue print. Thank you.

Anthony Casciant

I believe the engineer when they spoke initially, you brought up the fact

that...saving some footage of greenery in the back there, am | right?

Engineer speaking from the atidience.

Anthony Casciani

Yeah, I thought that was brought up so the intent was to do that, but you can

only do so much of it. What do you have, 10-15 feet you were saving in there of the woods.

Janiece Jackman

Speaking out from audience.

Anthony Casciani

I will not close the public hearing we will keep it open so for fulure meetings

there will be a chance to speak in regard to anything that comes in and ] would like to thank you

all for coming in and thanks for being courtesy.

RESOLUTION 24-0047 Anthony Casciani made a motion to TABLED

APPLICATION TO A FUTURE MEETING UPON

RECEIVING ADDITIONAL MATERIAL FROM

APPLICANT which was seconded by Mark

Giardina

VOTE:

Mr. Anderson AYE

Mr. Kosel AYE

Mr. Malta AYE

Mr. Mcixell AYE

Mr. Casciani AYE

Mr. Giardina AYE

Mrs. Maitman AYE

Pg. 165 September 17, 2024 Planning Mecting

ADMINISTRATIVE ITEM

August 6, 2024 Minutes were approved. (Giardina/Malta)

With no other applications before the Board this evening Anthony Casciani concluded tonight's

meeting at 8:10 PM.

Respectfully Submitted,

% c

Sign be Jer bo Dated ov (2, Le

Mark Giardina, Secretary

Katherine Kolich, Recording Secretary

NOV 14°24 P2340

FILED WEBSTER TWN CI K

Pg. 166 September 17, 2024 Planning Meeting

End of document