Planning Board Meeting

[Music] Microsoft update would like to update no no this will take five minutes it's a brave move yeah I was just going to [Music] say CL on the computer I don't have all right guess for who's jaro I heard the sound okay I heard the sound no we're all good all right start all

right okay I guess it's uh 7 o' i' like to welcome you to the May 7th planing board meeting would you join in a Pledge of Allegiance please Al to the flag the United States of America to the stands indivisible for okay uh call rule Please Mr Anderson here Mr P Mr Jina here Mr Co here Mr Mal here Mr Mixel present Mr artuso here Mrs mman here Mr tayor here okay um one of again this is lner subdivision I don't know if anyone is here for that but that also again they're doing some work on drainage and so on then so they've asked to be tabled again and that has was scheduled as public hearing but again the lner subdivision at 1854 Lake Road is table and with that uh I suppose we going move forward Mark you want to go with first one there Bell bellara section 2 is located near the southwest corner of Sal

and schel Roads the applicant Tom Thomas of 800 Phils Road LLC is requesting final site plan and subdivision approval associated with the construction of 60 town homes on a 26.8 acre parcel located in a medium high residential district under Section 269-9995 of the code of the town of Webster okay Mike good evening my name is Mike Richie from costage engineering uh here tonight representing the owner and developer Tom Thomas from treac development um we've been in front of this board uh for section two a couple times and I believe over those meetings we've gotten good feedback from the planning board and as well as Town staff um we have received Town comments a few rounds of of comments from the Town engineer um and we've responded to those um the most recent uh round of comments came out I believe it was a week ago um and we did respond to those uh last week and Mr artuso just uh presented me with uh I guess some additional um follow-up questions on those comments uh that we responded to last week so just as a recap from where we were last month when

we were in front of this board um requesting final approval of section two and and section two is a phase 2A and 2B um as you can see um a portion of the development fronting on salt Road and a portion um backing up to the under construction uh Meadows 2 subdivision um So the plan as it's presented and the uh subsequent revisions I feel overall are consistent with the layout of what this planning board did approved during our preliminary approval we have made some tweaks based on the fact that uh it's going to be a private RightWay and private utilities private storm water uh management facilities U all of those adjustments and Corrections have been made to the plans um and with that I believe these most recent comments uh that we did receive from the town engineer are I guess more uh housekeeping items uh related to uh easements that need to be filed um I'd be happy to go through each item if the planning board would likely to um there is one I guess item of I guess more substance than just easements being filed and that's related to the orientation of one lot and the structure on that one lot uh in conjunction with the Stream So that specifically is lot

222 um and the comment that was circulated um from Mr chadfield stated that he felt it was too close to uh uh the Creek's Edge and requested that we shift it to provide additional separation um that lot as it's shown is exact ly as it was placed on the preliminary plan um we do understand the comment and what we have done is further shifted um that structure away um this being uh the development as it was rezoned and approved um the requirement was 40 ft separation between buildings and there was somewhere around 45 ft uh between that and the structure I believe it was to the east so we shifted that a little bit further um it sounds like Mr chadfield still has concerned about that I I would note that no 100 Acre flood plane is present in this area and the structure as it's proposed is 5T above the top of bank but in uh sitting with Mr Thomas I guess one resolution we do potentially have to that is there's the opportunity to go with a a narrower unit uh for that for that area to provide even further separation um and potentially even um maybe patio home style or no basement in that area if if groundwater seepage is a concern as well

beyond that you know all the last round of comments we received were you know add sedimentation Basin move top Soul stockpile you know call it out reinforce silt fence instead of standard silt fence so we believe those are items that generally can be addressed um if this board were in a position to approve after the fact and um that plans wouldn't be circulated for Signature until all comments were addressed um now that I'm speaking about it there was one final comment that I believe again not a engineering uh issue per se but just something the town wants to get straight and that's in relation to an access easement um and in speaking with our surveyor and our office as well as the county surveyors uh it was pointed out that access easements will need to be granted to each and every lot in this development not that it's any issue since it's private right the Tom Thomas will own the road and own the units it's more of uh not creating what the county calls a land locked or a legal parcel so a lot of the the lot along schlagle and salt all have legal access to a public right away but these internal Lots on a private road will not so County will accept uh permanent access easements granted over the private RightWay

leading to the public right away as as legal access to make it a legal lot so um our solution to that is you know um working with the developers attorney and securing access easements over all the Lots um and again that's just you know standard easement practice that goes into every subdivision we do so um we're confident that that is the path forward with that and it won't cause any issues to the town and quite frankly it's to the satisfaction of the county before they file except filing the map so we're confident in the solution to that uh comment so with that I'm happy to answer any questions that the board may have thank you yeah there was another lot in there Josh what what was that you remember the one we talked about that was really close to that for access to the open space there access to I don't remember the lot number are you referring to the ones that were near the revised retention P that one the one where there access to the open open parcel and it was real narrow I suggested maybe changing that cutting that lot at an angle I don't remember the lot number though Mike also you know These Blueprints

you're sending they're ridiculous we don't need those things too big yes yeah I mean we'll go with red I tried to open that thing if you ask any one of these board members they probably they just got it got number two they haven't even had an opportunity to open the thing up you'd have to clear your kitchen table off understood yeah and we sent electronic files as well yeah but that doesn't help us I mean I hell am I going to do with that I want I want a piece of paper I can open and actually see the overall picture you know understood had that and that's part of what you have been informed to bring in it's not something new I mean we've got what's the next project here Westwood there's what we get right there it's accessible we can open this thing at a table or desk and see what we're looking at so please follow up with it with okay all right anyways did you find it there Josh um no there was access to one of the lot from the to the open area to the open space area I think that's for the next application yeah that's was that on the other one was it okay all right okay I knew it was there a lot that was angled all right okay um again you've got some comments on here uh Paul has written them up in red um PRC their their

comments are you know you guys shouldn't be approving these things until everything is done right up to Snuff and I agree with that generally and I I believe you know the comments that are left remaining generally are are not of major substance that hold up but there's a bunch of them mark That's the trouble mik there's there's several in there look at I I talked to Josh I've already talked to some of the board too we we're not trying to hold you up we want to work with you this thing has been the biggest pain in the butt that we've had in a long time this whole project I think in defense of that I think this board would be willing to have another meeting this month if you could get get this stuff done get it all in get it where we can see it like this you know where everybody has an opportunity to look at it more than the day before the meeting understood okay so can we table were you guys okay with tbling T I know I know you we're not happy doing this either and we're not trying to hold you up but we're more than willing to even have another meeting this month yeah we could do that we'll do that just to to help you get through this process but you know we go back to the PRC Josh myself these guys are like what the hell are you guys doing you know you're giving approvals on stuff that aren't really done and and Mr chairman

in response to that you know we did get PRC comments last week and we sent revised plans in in like three days in responds to those comments so you know we set revised plans you know directly after the previous planning board meeting so I understand the PRC stance I'm wanting to have everything addressed um and again I generally agree on that in kind of broad preliminary terms but I think the items we're talking about are very detail oriented but if if the board feels that these comments need to be 100% addressed before the board can be in a position to act um then then you know that's the way the board's going that's the way I I I feel I think that's with the number of red items you see in here maybe some of them aren't big some are maybe I I would argue that most are not let you know St water maintenance agreement needs to be filed access eement needs to be filed these generally can't be done until the board improves the project for the most part like you're saying that one lot you know reducing the size of the thing or something of the unit itself I mean we're not talking about making the size of the lot smaller and and I think the you know there's a footprint area they have to work within and that's one of 60 lots and generally the town they have to come for you know building permits for every single unit that comes before you know to get built um so again I I feel that the comments that were presented

back to us were you know fairly minor ones that we are 100% confident that can be addressed with Town staff but if this board would rather us come back in a couple weeks with these addressed we can do that are there certain ones that you have reservations about them I I don't have reservations with them I mean it's just the comments are more statements of fact some some of them you know that a Emma needs to be filed five 5 acre maintenance agreement needs to be put in place we agree these aren't things that typically are done prior to planning board approval they're typically things that town won't accept myars for Signature until You' proved that you've addressed these things uh but again it's already you know first week of May um we've been blessed with some nicer winners but traditionally it's a short building season and last thing we want to do is delay this and have the site work be done in the wet fall months so understood J look at the next one the number 37 storm water maintenance agreement is to be provided well that that's all paperwork I understand right but so it needs to get addressed understood and like I said it's typically how this board has always handled comments of that nature is that would be a condition of approval that would need to be done there traditionally there's been a number of

conditions that the board would place you know the outstanding comment letter being one of those conditions and we we have no problem um accepting those conditions we we we've we've given approvals you know final approvals subject to this and that but you know one or two little items not big deal I think this is the first board first I've seen of these comments right here well I think they said it was created an hour ago I mean yeah well see this is so whatever it is I don't know I mean it's based on what the last submitt was I suppose right which we submitted on Friday right so he turned around so that gives us you know what the weekend you got one day right and yeah and so anyways let's let's cut to the chase yeah how about we do this we're if you can get this stuff all done have all these Reds turned to Black again so to speak um for two week in two weeks get it in ahead of time and show it on your drawing show them what you're doing and so on so forth anything that needs to be shown on the drawing and then present it and we'll have another meeting on it okay understood is that fair enough with you guys that's fair okay can work with that no not trying to hold you up just we don't like catching it from other people in the town what's going on you know doesn't work for anybody that direction either okay understand Mr

chairman thank you you want to table it to what's the date what would the date be for meeting May 21st is that it yeah 7th 21st yeah okay so you want to make a motion make a motion to table the B uh till uh May 21st okay need a second second all in favor okay we're good we'll do that that way we got everything up to date you two weeks and you move in you have a question oh I'm sorry one of the things that I reading through on this and I know in the past you said okay you know one owner everything you're not going to need an HOA but are you going to file an offering plan with the State Attorney General's office justifying the reasoning for not having the HOA I don't think there's any intent to do that now is it something that's required no I don't if it's all one common ownership as far as I know I'm not an attorney but as far as I know an HOA is not required I think it might be something you want to check because some of the stuff I'm reading through to me implies that U even though it's one ownership because of the number of parcels you have um the roadway is going to also be owned by you know 800 Phillips Road LLC has to have its tax back number on it

all that has to go in line with it but there's also this offering plan that whether or not you're going to have le away it has to be something that's a file filed with the Attorney General's office well I'll take a note of that and also speak with Tom and he can speak with his attorney again even if it's something you know because it talks about there's dominous offerings which restricts it it gives you a labor from it but this is not dimin dominous this is a large development I think that's something that needs to get resolved through the State Attorney General's office first before we could say no HOA from this development particularly since all the people that are going to be in these houses are going to have to be on some somebody else's right away somebody else's Road it's a private road there has to be something in place that makes sure that road is maintained it's nice to say it's all owned by the same person but that doesn't really mean anything well for a standard apartment complex what I mean does each this is not this is not an apartment compx you're right but they are full rent this this is a single family subdivision right and each unit is for rent and owned by a common there has nothing to do with it this is a single family subdivision that happens to be made up of two unit tow houses that are all on individual single family

Parcels that don't have access to a public right away like We we talked about the only way you have it is over land that is owned by Mr Thomas through this Corporation and my understanding of this regulation is that the offering plan whether or not it's something that's going to be needed cuz if one of those Parcels is ever sold to somebody else right in the middle of it you need the HOA of course we we understand so you need to have the documentation up front justifying not having it and have the sign off all Mr Anderson we'll look into that we'll make sure we have a response to that for the next meeting all right excuse me dere I did check with my HOA is that something that we verified through the town to research we'll have to return we'll have to research our so yeah that's we're not looking to do anything you know that isn't above board um but just want to make sure we're doing what must be done okay you again I'm not an attorney but I read through a whole bunch of stuff and I see this right in the middle of the requirements just false okay you going to check into it too y we'll check into it see what we

come with all right thank you okay thanks Mike thanks bring that letter tomor talk [Music] [Applause] okay Mark you want to go ahead with the second first uh schedule it then the agenda tonight Emerald hair salon sign located at 790 Ridge Road applicant samanda Reed is requesting sign approval to allow a 10 squ ft building mounted facade sign and Associated tenant panel in an existing Monument sign for a new salon business on a 1.2 acre parcel located in a commercial Outdoor Storage District under Section 2657 of the code of the town of Webster okay hi I'm uh my name is samanth Reed I'm one of the co-owners of Emerald hair salon over on Rich Road um we're just looking to get the pre-existing sign for the previous Salon

that has moved to another location and just change it over to our own uh we have temporary signs up right now but we would love to get a permanent sign up you know as soon as we can it looks like you're just replacing it where there was a sign previously same thing is that Lit inside or yes they are both lit there is one on the side of the building and then there is a pole sign uh in the front of the building so um both of them are lit um one is double-sided one is single-sided of course CU here to the building so okay anybody any issues with it well is it Emerald hair salon or a evoke hair salon uh it's Emerald hair salon evoke was the salon that was previously there there so do we see the sign that says emal mhm look on your screen it's it's the uh image at the bottom there okay yeah that's the same mhm mhm that's no opaque white background it's not going to wind up being a big white it's kind of not translating well but it's like a it's like a lightish green color but it's it's yeah it's a paler background okay anybody concerns okay okay yeah move forward go

ahead sure uh time of wster plan board consider request applicant ma Reed for a 10 squ ft building bounded facade sign and Associated tenant tenant panel and an existing Monument sign for a new salon located at 790 Ridge Road on a 1.2 acre parcel having SPL number 07917 D1 d15.1 the plan board classifies a proposed action as type two action under Section 67.5 C9 of the State Environmental Quality review regulations and therefore is not subject to further review okay motion need a second second a second all in favor I okay motion for approval I'll make a motion for the uh Emerald here Salan sign located at 790 Ridge Road tery 10 foots at 10 square foot building mounted facade sign and a uh Monument sign uh as presented okay we have a motion need a second second second all in favor I good good luck with your business thank you so much yep have a good night you

too next item on the agenda Westwood estate Section 3 located in the northwest corner of schel and salt roads the applicant Mike Deo is requesting final site plan and subdivision approval associated with a construction of $39 single family residents 36 fronting Alysa way three fronting on Schlagel Road on a 47.1 acre parcel located in a single family residential district R3 under sections 29619 and 350-12 of the code of the town of Webster good evening Matt tonson Marathon engineering representing the owner also have Mike Deo junor with me here as well uh We've obviously been before this board a number of times over the years through the overall preliminary in the first two sections of this site plan uh what the graphic that's Illustrated on the screen for you folks uh outlined in red is what we're talking about now which would be the section three final approval that we are requesting uh the total subdivision just as a reminder to the board was approved

at 106 doots 39 of those are in this third section and this section takes the dead end of Alyssa Lane all the way out to the intersection on Schlagel road to complete the road Network for it and there'll be three uh Frontage Parcels on Schlagel as well towards the west side of the project since we've been before this board last um in between sections two and three we've had numerous meetings with Town staff and progressed uh the discussions relative to the Culver and the stream Crossing that was always necessary as part of this section that entailed quite a bit of coordination with the town engineer Town staff Highway superintendent and the sewer department on the sanitary sewer Crossing of that stream in the Calver configuration and it also included our reaching out to the uh US Army Corps of Engineers because we wanted to make sure that we had eyes dotted at teas crossed as it related to uh permitting for that culvert and we received uh the Army Corps which I believe was in the engineers report back in the first week in April uh which triggered us to be able to come in for this approval here with the board we have received several comments uh from

both PRC as well as Town engineer we had responded in letter form to those comments with no corresponding plans because we did not uh have adequate time to update all of the plans so we understand that that uh based on the last conversation we may be making another trip to come back and see you which is okay uh however I would Echo the majority of Mr Richie's comments related to easements and filings of that nature those typically are done once approval is granted because that's when comments are finalized uh for those but we recognize there are several comments here that we've addressed I wanted to at least get the board a letter uh for discussion purposes in case there was anything that uh caught the boards I related to the actual plan I did want to point out two or three of those comments that uh We've addressed in writing again but just the flag goes for the board uh generally uh all the way one through nine are very standard uh and straightforward items that get done after approval such as easement filing uh sequence of coordination uh with the town sequence of construction coordination with the town obviously we've got a new roadway entrance on to the county road being Schlagel so we're

coordinating with County DOT there and have already received comments from them uh comments 9 10 11 and 12 are really specific to erosion control stockpile locations we of course will be compliant with all DEC regulations from a storm water permitting standpoint this entire project already has coverage through the dec uh and the ms4 being the town of web because we uh as a DC encourages developers to took a look at this as on uh a global scale if you will for the whole projects because the whole thing was designed with a cohesive treatment of storm water so coverage for that already exists however we will be required to obtain a 5 acre waiver this section comprises approximately 16 Acres of disturbance in total with uh some on various sides of the stream channel and therefore we'll be very cognizant of uh working with Town staff and the town Engineers Department during construction to ensure that all uh requirements are met uh the only real substit substantive I'm mispronouncing that so

I'll give up is really related to the guard rail uh at the Culver which I'm going to touch on in a second and then also access to the 7 acre open space so if we could switch to the uh to the grading plan which is probably a couple sheets higher in the set excuse me yeah right there um at the creek crossing itself we're providing over 100 ft in width on the west side of the stream uh for access point and I believe that the specific open space that was mentioned is open space I believe is designated 3.1 which is to the east side of the Alysa way and you can see South of the Stream there we've left a gently graded slope uh for Access that width of that open space where it touches the town's RightWay is over 90 ft wide so we believe that there are there is substantial provision made for access to that open space from a right of way consistent with the access points elsewhere which are anywhere from 30 ft up to 100 ft in width um that brings me back to the guard rail discussion the original design we extended the Culvert ends outside of the right of way to provide adequate ashto recommendations

for clearances for shoulders with minimal slope before we slope down to the Calver ends uh if the town desires guardrail to be installed we need to have a conversation with the highway department relative to that and guard rail may allow for slight shortening of that Culvert which of course would make that Army Corps very happy um but the intention would be to leave the design as is if guard rail goes in and it restricts access to that open space we would then uh have to explore either an easement between Lots or a different configuration to provide that open space so uh again just wanted to mention that because we are cognizant of the comments received uh so with that those those were the uh primary comments if you will that are going to take some addressing and i' be happy to answer any other questions that the board may have related to the proposed plan Mike or matt I'm I'm lot 318 can you move that down a little bit the screen there you go where comes in the Wetland area there that comes in is that where's the access there that goes into that open space where am I looking there into the open space West and north of

the property yeah it was really narrow really tight I mean if the town's going to take it and they're going to mow it it'd be almost an impossible thing to get into well 318 is on I thought it was 3 38 is on the North side there's a total of uh there's a total of 170 ft of that open space that covers the RightWay that provides access now the stream channel does encroach on a portion of That 160 ft but only 20 to 30 ft of it is is encumbered by the stream so there's a significant width of that open space that is available okay so so for the town to go in there and mow or whatever they'd have to do how would they get in there how would they access that there's 116 ft wide there to access it from Tony so Mr chairman so I'm not entirely sure okay where's the 16 ft in the front it's totally between Lots 318 and 319 that entire width through there is touching the public right of way which the town uh will own and maintain so

anywhere along that strip the town can enter the open space I I don't think that the concern on access was on that side of things because I believe there's other access points from previous that's a the development section correct y it's really this open space area right adjacent to the tributary near the Culver that was the concern yeah and again that that area is 96 ft wide along the right of way there and we've graded that on a one on six or one on8 slope which is extremely traversable by mowers Walkers sorry I don't know if that's me what's the width of the very narrowest part I think that comes down to about 62 feet but I can get that exact dimension for you uh in the future uh you know what that' be a good idea to just Mark that on there so that it's on the record that that's would be there you know sorry I don't know if I'm the one giv feed that there yes we can absolutely do that that's you know what I'm saying but it it's definitely an excess of the 30t strips that are provided El for access to open space it just look it looks looking at it looks narrow and you know how steep that slope is it's yeah it's pretty flat for a section to there

we can provide additional detail for that absolutely okay M I suggest you talk to Pat and get the plans in before the uh PRC meeting on the 16th of May so that it can be addressed by by the highway superintendent in advance of that meeting and the plans reflect what he would like to see absolutely yeah and uh sounds like this board's having a special meeting I don't know if there would be agenda if we can resolve it or not we don't want to leave these plans just hanging out there and make them all subject to this and that and so on and so forth it's just it's caused problems so if we can get it all compiled and it's done everything is on there everybody's okay with it it's signed and done so and again like I just said before you know I think this board is willing to have an extra meeting even just just to help you guys get out get did through this stuff yeah we appreciate that I was the question about access to open space Also from the highway department is that who I should talk to about just making sure that they're satisfied okay I've got one more question on that particular open space you got the creek that cuts right

through it yes sir how are they accessing the eastern part of that how are they getting across the creek or how how's the access going on that side I I don't know that there's a desire to access it or a need to access how it going be maintained how would it be maintained I I don't know uh the town's plans for maintenance of open space um I think there's discussion about dedicating that to the town but it's not uh intended to be continually mowed to my understanding that'll that'll so in other words there's no access to that sign we are not providing deed access uh to the other side of the creek that would have had to have been done in section two if it was requested because there is no portion of the section three lots that border the other side of the creek uh for that open space all right that's what was originally what about between lot 303 and 304 no that wouldn't it wouldn't get you on the other side yeah it touches essentially the back there right y

y so I I don't uh know all of the conversations that happened with section two was approved but that was not um something that was requested or required uh at that point I I don't know if the intention for what that open space wants to be has changed between now and then but that that's been a couple years obviously since this board has seen it okay all right so then you you can address any of those comments that need to be addressed yeah I think the the plan changes are the ones that I highlighted which we'll work with the highway department and the town engineer to resolve and and again the easements the signatures those kind of things of course are just those are done after approval and prior to filing the subdivision acts all right soos be Matt can you clarify um the other open space area that's behind the homes that front on Schlagel um that that's land dedicated proposed to be dedicated to the town as well uh I don't know that I have 100% uh meaning is it designated as open space in the overall plan yes it was yep that

is correct and the access to that would obviously be officially for the portion that touches the RightWay that's that was designated uh open space 3.2 on the original overall approvals okay anybody anything else no that's it I guess so you want to you want to do that want table it to 21st unless you're willing to consider approving now well you know we we could but then then we get into dealing with everybody else you know I understand uh it's I don't anticipate any issues trying to resolve these with Pat and with the town engineer and Josh prior to and we'll plan on being back on the 21st probably doesn't really jum anymore probably better way to do it 21 all right motion I'll make a motion to table the westw estate Section 3 to our May 21st meeting my house is right there second nobody's going okay we have a motion in a second I'll all right good see in a couple

weeks all right anything else minut yeah I'll make a motion to approve the April 9th 2024 planning board minutes second a second all in favor good okay all right I guess that's it for tonight thanks for coming in two all right all right ja cover