Planning Board Meeting
Planning Minutes 2024.04.09

Minutes

April 9, 2024 · 23 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

9 April 2024

PRESENT

ABSENT:

Anthony Casciani, Chairman Peggy Maltman

Dave Malta, Vice Chairman

Derek Anderson

Mark Giardina, Secretary

John Kosel

Derek Metxell

Josh Artuso, Director of Community Development

Katherine Kolich, Recording Secretary

Kyle Taylor, Attorney

Anthony Casciani

Welcome to the April 9, 2024 Webster Planning Board meeting. We have a

few items on our agenda, not a very big agenda.

Please join us in the Pledge of Allegiance. Roll call

Anthony Casciani

We should start with the Lochner Subdivision which was on the agenda, but

they are tabled again. They are stil! working on the drainage issues over there so we will move to

Bella Terra.

Summary overview of outcome:

TABLED MATTERS

:

LOCHNER SUBDIVISION

Applicant

McMahon LaRue

Status

** This matter is tabled until further notice; pending jurisdictional determination

on wetlands from Army Corps of Engineers**

BELLA TERRA SECTION Il

Applicant

Tom Thomas

Status

TABLED TO MAY 7" MEETING

SCHEDULED MATTERS

:

DOCK EXTENTION-1044 SUNSET TRAIL DOCK

Applicant

Douglas Westerdahl

Status

APPROVED AS PRESENTED

Pg. 42 April 9, 2024 Planning Meeting

ACCESSORY STRUCTURE-743 COUNTY LINE ROAD

Applicant

Erin Ferrente

Status

APPROVED AS PRESENTED

(Mark Giardina read the first application):

LOCHNER SUBDIVISION

Located just west of 1854 Lake Road, Applicant McMahon

LaRue Associates is requesting PRELIMINARY/FINAL SITE PLAN & SUBDIVISION

APPROVAL (

PUBLIC HEARING

) associated with the re subdivision of a 21.8-acre parcel

into (2) 3-acre lots (to be developed with single family residences) and (1) 15.8-acre lot (to

remain undeveloped) having SBL# 037.03- 1-36 located in an LL Large Lot Single Family

Residential District under Section 269-11 and 296-15 of the Code of the Town of Webster.

Applicant requested this application be tabled until further notice. Pending jurisdictional

determination on wetland from Army Corps of Engineers.

(Mark Giardina read the second application):

BELLA TERRA SECTION II

Located near the southwest corner of Salt and Schlegel Roads.

Applicant Tom Thomas of 800 Phillips Road LLC is requesting FINAL SITE PLAN &

SUBDIVISION APPROVAL associated with the construction of 60 townhomes on a 26.8-acre

parcel having SBL # 065.02-1-40.222 located in an MHR Medium High Residential District under

Section 269-9 and 296-19 of the Code of the Town of Webster.

Appearing before the board was Mike Ritchie from Costich Engineering representing the owner

and developer, Tom Thomas from TRAMAC Development. We were before this board a few

months ago presenting the project and basically the biggest issue or take away from that meeting

was dedication or ownership of the road right of way; utilities; stormwater; infrastructure in the

like. Since that meeting the owner has met with town staff and to my knowledge, they have

come to an agreement that the road; the utilities and stormwater management will remain private.

They will be designed and constructed per town standard so in the future, there could be a

possibility the town could consider dedication although that is not what the town is willing to do

at this point and lime.

We did receive PRC comments and from that time, those have been addressed and subsequently

we did receive additional comments from town staff. The first was that all references to town

easements be removed from the plans which they have. The town Highway Superintendent upon

the review of the neighboring developing of the Meadows II Subdivision requested that the

stormwater management from this development not tie into that dedicated stormwater

management facilities so we revised the stormwater design for the western portion of the site, in

red shown on the bulletin board and we redesigned that to have the stormwater management

wholly contained on site and discharged into the existing ditch. Everything else from the site

plan is almost exactly as it was approved during the preliminary approval.

We did receive some additional comments from the town engineer, and I believe it was Friday

and we have reviewed those, and we don’t consider those comments to be difficult to address or

Pg. 43 April 9, 2024 Planning Meeting

to provide the town engineer with the calculations that they requested but I understand if the

board would like to give the engineer time to review that before making any decisions on the

project, I understand. So, with that being said, I think we wanted to come back and show you the

changes that have been made and ask the board members if they had any questions or comments

with the project as it currently stands.

Anthony Casciani

Mike at the PRC meeting and you are right, thank you for acknowledging

that. They did say it was a short notice to really do calculations and so on and so forth. On the

drainage...{ guess Josh is bringing it up there (on the screen) that design where it goes. Lots 203,

204, 5,6,7, and 8 it goes in the back of them, there is really no back yard to those things and then

on the side of lot 203 it is only like 20 feet away from the house and the structure.

Mike Ritchie

And we have looked at that and it is a little misleading the way the grading is done

because the actual static of the pond is much farther in. We can look to adjust those grades.

Realistically, it is going to be about 60 feet from waters edge to the near structure which I went

back and looked at Section | was and to the pond of the nearest house was 67 feet and the next

closest was 74 so it is not a drastic change from what was previously approved but we are going

to take a another look at this to see if we can kind of tweak some of this grading to give some of

those units more usable area in the back yard.

Anthony Casciani

If you can figure something out with it but again, I just touched on it with lot

201 and 202 there, I just drew a block out of that and just said those two are really crimped in

there along with others, ] know you don’( want to remove lots and understand that 100 percent

but eliminate the detention in back of the houses in back of 03,4,5,6 and then incorporate that

into one square, clean pond.

Mike Ritchie

So, the issue with the drainage issue in this area is...so, lots 101 and 202 are on

the north side and a ditch, a tributary to Millcreek so that all drains to the north to the ponds

along Schlegal that ditch just to the south of those but to the right on this drawing there is a ditch

that kind of bisects it and a culver that crosses that is the whole reason there is a stormwater pond

here is because there is actually a tributary to Millcreek and bisect the whole project. Originally

it was going to go to the pond on Meadows II because we can’t cross over the creek to send it to

the stormwater pond so I think we are going to “sharpen our pencil a little bit” here to see what

we can do to...1f we have to elongate that. There is more area going to the south and maybe we

can have a couple smaller basins instead of one large one and accomplish the same goals.

Anthony Casciani

1 see what you are saying, | just felt that was kind of (BOTH PARTIES

SPEAKING AT THE SAME TIME) blocking it. The rim of the pond ] was just roughly scaling

it out, it looked like it was 20 feet away from the nearest structure.

Mike Ritchie

Yes, and that is kind of where the embankment slopes starts, and the water’s edge

is way further down. We understand and we want to make sure this is done right so we are going

to take another look at it and in response to the towns engineers comments, look to address this.

Pg. 44 April 9, 2024 Planning Meeting

Anthony Casciani

That was the only concern I had as far as the new layout and in all honest, |

am not sure what transpired with Tom and the attorneys and so on.

Mike Ritchie

Unfortunately, | was not able to make the meeting. Tom, I don’t know if you

would like to kind of summarize but from what was told to me, I think the town is in support of

this project but with it being FOR RENT DEVELOPMENT, the town does not see it as being a

good use of resources to take dedication of it at this point and time but if the situation would

change and if it were to be sold in the future and it was not to be for rent in the future that the

town would consider taking dedication of it at that time. So, understanding that and

understanding that Section one was built all per dedicated and construction standards, we want to

slay consistent with that and continue Section II that way so all the roads, gutters, stormwater, all

the storm infrastructure is all going to be all town per spec. It will look no different than any

other subdivision in the area.

Anthony Casciant

Now I know back then there was an issue with the tax structure. Has that

been resol ved? I have no idea if that was discussed.

Mike Ritchie

Would like to address Tom.

Tom Thomas

Nothing was discussed as far as ....except if it is considered rentals. There is

usually a...... and it’s privately owned then it is usually a cheaper tax structure then if it was all

dedicated roads so that is why I think they want the roads and everything to stay private.

Mark Giardina

Wasn’t there an issue with the last time the application was here about a HOA?

Anthony Casciant

Yes, I believe if one got sold that is when you sold then you would create an

HOA.

Tom Thomas

Yes, if and when any of them got sold in the future. There would have to be an

HOA or dedicated roads.

Anthony Casciani

And so, if the resolution is done, I think we need to recall that and make sure

that is entered in there. Anything else? Josh were there any other issues that you know of.

Josh Artuso

The only other issue that I can think of is the connection between Meadows II and

Bella Terra where it is going from public to private. Is there going to be any plan for a

turnaround for the town trucks for the public portion?

Mike Ritchie

] just discussed it with Tom, and this was one of the town comments that came up.

(showing on the plans) So this area here, it is the end of Arrowwood Trail/Meadows II.

Originally, everything was proposed to be dedicated at this point. The end of the dedicated road

will end at the property line so what we looked into and what we are going to provide is

essentially a turnaround back into Arrowwood Trail to allow snowplows to adequately maneuver

Pg. 45 April 9, 2024 Planning Meeting

and turn back around and exit through Arrowwood Trail. We will work with the town engineer

and highway superintendent.

Dave Malta

Now, are these lots in the first section they are all individual lots and individual tax

numbers is that the same situation?

Mike Ritchie

Yes. There will be a filed subdivision map with a private road and all individual

lots with individual addresses and tax account numbers.

Anthony Casciani

Ok, any other comments? All we had were a couple of comments the last

time. Anyways, at the PRC, highway department, sewer department, engineering wanted to have

a chance to review the calculations on the drainage and water and so on and so forth to make

sure it met the standards. Ok, so do you want to ask to table it then?

Mike Ritchie

Yes, we would like to request to table until the next meeting. We are working on

the responses now and I will work with Josh, and we will get revised material and submit to the

town with enough time to review them.

RESOLUTION 24-0010 Mark Giardina made a motion to TABLED

APPLICATION TO MAY 7, 2024 MEETING-

Noted

Board to follow up if the homes are sold

an HOA would be needed. Applicant agreed to

put a turnaround in for the snowplows on

Arrowwood which was seconded by Derek

Meixell.

VOTE:

Mr. Anderson AYE

Mr. Kosel AYE

Mr. Malta AYE

Mr. Meixell AYE

Mr. Casciani AYE

Mr. Giardina AYE

Mrs. Maltman ABSENT

(Mark Giardina read the third application):

1044 SUNSET TRAIL DOCK EXTENSION: Located at 1044 Sunset Trail. Applicant Douglas

Westerdahl is requesting WATERFRONT CONSISTENCY REVIEW & DOCK APPROVAL

associated with the addition of a 4’ wide by 30’ long dock extension on a .56-acre parcel having

SBL # 078.18-1-69.11 located in an MHR Medium-High Residential District under Sections 331 -

4 and 350-30 of the Code of the Town of Webster.

Appearing before the board was (NEVER GAVE HIS NAME OR ADDRESS) Douglas

Westerdah!. My existing dock is 4 foot wide by 56 foot long. At the end of the season last year,

the water was less than 2 feet at the end of my dock which is where my boat hoist is. The water

Pg. 46 April 9, 2024 Planning Meeting

was so low I could not get my pontoon boat off without four people pushing it off my hoist. We

could not get the hoist low enough in the water. In doing so, we tore all the electric lines out from

underneath my pontoon boat so that helps explain the need for this extension where that should

eliminate the end of the season when the water get very shallow with the existing dock .

Anthony Casciani

Ok, so you are putting on 30 feet so additional dock. And that would be a

question, why 30- feet and you just explained that so that is good. The dock comes right straight

off, so it doesn’t infringe on or in front of a neighbors house or anything like that. You can see

the dock (shown on screen)

Douglas Westerdahl

I don’t recall if the... my neighbors docks are shown in that drawing. Each

of their docks are considerably further out in the water than my dock is right now. F

Anthony Casciani

Actually, do you have a copy of this?

Douglas Westerdal

I forgot to print it out, but I have a copy.

Anthony Casciani

Now, there was a response from a neighbor who I guess is a little bit away from

you was concerned about boats in general and so on and so forth, boar traffic and adding onto the

dock and it was going to be in front of her house. So, long story short and after going back and

forth and we looked at this thing, it really doesn’t look a whole lot of credence and I see no issue

with this at all. You have your permit already from DEC, correct?

Douglas Westerdal

DEC, Army Cor of Engineers, and NY State NYSOGS and I don’t remember

what that stands for, but they said that a permit was not required.

Anthony Casciani

Alright, you are good.

Derek Anderson:

RESOLUTION

Town of Webster Planning Board considered the request by Applicant, Douglas Westerdahl to

construct a 4-foot wide by 30-foot-long dock extension on a 0.56-acre parcel having SBL

#078.18-1-69.11 located at 1044 Sunset Trail.

The Planning Board classifies the proposed action to be a Type II Action under Section

617.5(c)(9) of the State Environmental Review (SEQR) Regulations and therefore is not subject

to further review,

RESOLUTION 24-0011 Derek Anderson made a motion for a TYPE IT

SEQR which was seconded by Mark Giardina.

Pg. 47 April 9, 2024 Planning Meeting

VOTE:

Mr. Anderson AYE

Mr. Kosel AYE

Mr. Malta AYE

Mr. Meixell AYE

Mr. Casciani AYE

Mr. Giardina AYE

Mrs. Maltman ABSENT

RESOLUTION 24-0012 Dave Malta made a motion for DOCK

EXTENSION APPROVAL Located at 1044 Sunset

Trail. Applicant Douglas Westerdahl is requesting

WATERFRONT CONSISTENCY REVIEW &

DOCK APPROVAL associated with the addition of

a 4’ wide by 30° long dock extension on a .56-acre

parcel having SBL # 078.18-1-69.11 located in an

MHR Medium-High Residential District under

Sections 331-4 and 350-30 of the Code of the Town

of Webster which was seconded by Derek Meixell.

VOTE:

Mr. Anderson AYE

Mr. Kosel AYE

Mr. Malta AYE

Mr. Meixell AYE

Mr. Casciani AYE

Mr. Giardina AYE

Mrs. Maltman ABSENT

Douglas Westerdahl

Where do | obtain the permit from the town?

Anthony Casciani

You can go and see Josh.

(Mark Giardina read the fourth application):

COUNTY LINE ROAD ACCESSORY STRUCTURE

Located at 743 County Line Road.

Applicant Erin Ferrente is requesting PRELIMINARY / FINAL SITE PLAN APPROVAL

(

PUBLIC HEARING

) associated with the demolition of an existing detached garage and the

construction of an 848 SF accessory structure on a 2.5-acre parcel having SBL# 066.03-!-46

located in an LL Large Lot Residential District under Sections 350-13 and 350-36 of the Code of

the Town of Webster.

Appearing before the board was Bryan White from McMahon and LaRue Associates. | am here

tonight with the property owner; Kirk Willis and we are here tonight presenting a pole barn

structure as mentioned previously and proposed to be 848 sf and we did appear before the Zoning

Board of Appeals on March 14" and received a side setback variance for the accessory structure

Pg. 48 April 9, 2024 Planning Meeting

at 5.1 feet and we are here tonight seeking approval for this structure. The unique characteristics,

the majority of this property is within the 100-foot floodplain and the northwest corner of this

structure is shown to be mapped within that area. We have made a revision since our Zoning

Board application. The footprint and overall size has remained the same, but we did elevate the

finished floor of the structure by one foot to be above our floodplain requirements, We previously

had flood vents showing on the building and now we have elevated it 12 inches so now we don’t

need those flood vents any longer. Outside of that, the structure is not to exceed 19° and the existing

structure is 22’ 6”. I am available to answer any question that you may have.

Anthony Casciani

Now that footprint is existing is 431, right?

Bryan White

That ts correct.

Anthony Casciani

So, your actual addition is the balance.

Bryan White

So, we are proposing to demolish the existing structure and then rebuild a new pole

barn to include a portion of the previous footprint.

Anthony Casciani

Ok, so basically that is the footprint of the new building?

Bryan White

That is correct, yes.

Anthony Casciani

And that is currently where the existing is obviously. Alright, does anyone have

any issues?

Dave Malta

No, | am pretty familiar with that property especially the property next to it. I don’t

see any issues with putting that accessory building there. It is surrounded......... it use to be the

Union Hill Fire Department fairgrounds and it’s probably going to end up going into some kind of

commercial or industrial use before it’s all done so it doesn’t bother any of the residents anywhere

and it’s a good fit for the area,

Anthony Casciani

Four Mile Creek, that is designated and then you have the other one limited of

the 100-year floodplain, does that have any impact on the building?

Bryan White

Yes, so they are both regulated the floodway and the floodplain are both regulated

areas but the floodway is more regulated so we are not going to encroach within that area, but we

are going to encroach on the 100-year floodp!ain and that will require a floodplain development

permit from the town and as well as a notation of the two-foot freeboard requirement for New

York State, so we have accommodated for the design to work within the floodplain.

Anthony Casciani

So, that is taken care of in-house Josh by you guys?

Josh Artuso

Yes, we would review

Pg. 49 April 9, 2024 Planning Meeting

Anthony Casciani

Ok, so nothing we would have to deal with as far as that.

Josh Artuso

Correct.

John Kose!: Is the siding on this going to match the existing house?

Bryan While

Yes. I do have a few colors if you would like to see them, but the end goal is to

have the siding of the pole barn match the color scheme of the house.

John Kosel

Is there electricity, heat, or water out there?

Bryan White

I don’t believe there is going to be a water service but there will be electricity.

Anthony Casciani

I think, somewhere I read, you are going to use it for a workshop or something

in there?

Kirk Willis

For general storage and a workshop.

Anthony Casciani

This is a public hearing. Is there anyone wishing to speak? Seeing none, I will

close the public hearing and bring it back up to the board.

Derek Anderson:

RESOLUTION

Town of Webster Planning Board considered the request by Applicant, Kirk Willis to demolish

an existing detached garage and construct an 848 square foot accessory structure on a 2.5-acre

parcel having SBL #066.03- 1-46 located at 743 County Line Road.

The Planning Board classifies the proposed action to be a Type II Action under Section

617.5(c)(12) of the State Environmental Review (SEQR) Regulations and therefore is not subject

to further review.

RESOLUTION 24-0013 Derek Anderson made a motion for TYPE IT

SEQR which was seconded by Derek Meixeil.

VOTE:

Mr. Anderson AYE

Mr. Kosel AYE

Mr. Malta AYE

Mr. Meixell AYE

Mr. Casciani AYE

Mr. Giardina AYE

Mrs. Maltman ABSENT

Pg. 50 April 9, 2024 Planning Meeting

[

RESOLUTION 24-0014

Dave Malta made a motion for PRELIMINARY

APPROVAL

Located at 743 County Line Road.

Applicant Kirk Willis 1s requesting

PRELIMINARY / FINAL SITE PLAN

APPROVAL (

PUBLIC HEARING

) associated

with the demolition of an existing detached garage

and the construction of an 848 SF accessory structure

on a 2.5-acre parcel having SBL# 066.03-1-46

located in an LL Large Lot Residential District under

Sections 350-13 and 350-36 of the Code of the Town

of Webster which was seconded by John Kosel.

ae

cn ae

nun

9.

10.

11

The lot is restricted to one accessory building

The building is to conform to the size and location presented on the plan

The placement of the building shall conform to all setback requirements

The building shall not be placed nearer to the front property line than the rear

line or footprint of the main building or residence upon the lot.

No point on the building will be higher than the existing structure

No commercial use shall occur on the parcel

The accessory building shall be used for personal use only, as defined by Town

Code

Significant construction shall occur within one year, as deemed by the Planning

Board, to expire on April 9, 2025.

Comply with all requirements of any State, County, and Town agency

All site work is to be in compliance with the standards of the Town of Webster

. Subject to all engineering and governmental approvals

12.

13.

14,

Subject to all appropriate governmental fees

Subject to resolution of final approved minutes

Applicant has received a variance for the side setback

VOTE:

Mr. Anderson AYE

Mr. Kosel AYE

Mr. Malta AYE

Mr. Meixell AYE

Mr. Casciani AYE

Mr. Giardina AYE

Mrs. Maltman ABSENT

Pg. 51 April 9, 2024 Planning Meeting

RESOLUTION 24-0015 Dave Malta made a motion for FINAL

[ APPROVAL Located at 743 County Line Road.

Applicant Kirk Willis is requesting FINAL SITE

PLAN APPROVAL (

PUBLIC HEARING

)

associated with the demolition of an existing

detached garage and the construction of an 848 SF

accessory structure on a 2.5-acre parcel having SBL#

066.03-1-46 located in an LL Large Lot Residential

District under Sections 350-13 and 350-36 of the

Code of the Town of Webster which was seconded

by Mark Giardina

CHECKLIST FOR FINAL APPROVAL

1. Subject to all preliminary statements.

VOTE:

Mr. Anderson AYE

Mr. Kosel AYE

Mr. Malta AYE

Mr. Meixell AYE

Mr. Casciani AYE

Mr. Giardina AYE

Mrs. Maltman ABSENT

ADMINISTRATIVE ITEM

Minutes were approved for March 5, 2024. (Kosel/Malta)

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

meeting at 7:30 PM.

Respectfully Submitted,

CZ Jtad— pares 1

Mark Giardina, Secretary

Katherine Kolich, Recording Secretary

HAY 10 '24 av6:02

FILED WEBSTER TWN CLK

S sual, We Magu)

[ Pg. 52 April 9, 2024 Planning Meeting

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