WEBSTER TOWN PLANNING BOARD MINUTES
Webster Town Board Meeting Room 1002 Ridge Road
7:00 p.m.
6 February 2024
ABSENT:
Anthony Casciani, Chairman Mark Giardina, Secretary
Dave Malta, Vice Chairman
Derek Anderson
John Kosel
Derek Meixell
Peggy Maltman
Josh Artuso, Director of Community Development
Katherine Kolich, Recording Secretary
Kyle Taylor, Attorney
Welcome to the February 6, 2024 Webster Planning Board meeting. We have
three scheduled matters this evening.
Please join us in the Pledge of Allegiance. Rall call
First of all, Lochner Subdivision has tabled so they will not be here this
evening. We need to have an organization meeting. Dave Malta for Vice Chair, 1 nominate
Dave Malta to continue as Vice Chair, Derek Meixell, Seconded. Board all in favor,
Dave Malta nominated Mark Giardina as Secretary, Derek Meixell, Seconded. Board all in
favor.
I would like to welcome Peggy Maltman. This is her first official town
meeting. We had a joint meeting a couple of weeks ago and she participated in that. It was a
little taste of what goes on. You are going to do just fine here. Welcome! We have four items
‘on the agenda and the first one is Bad Cat signage.
Summary overview of outcome:
TABLED MATTERS
:
LOCHNER SUBDIVISION
McMahon LaRue
FABLED TO MARCH 5, 2024
Pg. | February 6, 2024 Planning Mecting
SCHEDULED MATTERS
:
BAD CAT AIRSOFT SIGNAGE
David Carey
APPROVED WITH CONDITIONS: MONUMENT SIGN TO BE LOCATED
WITHIN 15 FEET NORTH OF DRIVEWAY AND 25 FEET WEST OF PHILLIPS ROAD
RIGHT OF WAY; ADDRESS NUMBER TO MONUMENT SIGN.
BELLA TERA SECTION II
Tom Thomas
TABLED TO MARCH §, 2024
VISION HYUNDAI WEBSTER
Robert Sanders
APPROVED WITH CONDITIONS: APPLICANT TO COOORDINATE WITH
SEWER DEPARTMENT PRIOR TO RECEIVING BUILDING PERMIT; ADDRESS
ALL PRC COMMENTS.
BRIGHT STREAM WAY ACCESSORY BUILDING
Scott Andrews
Status; DENIED WITHOUT PREJUDICE. STRUCTURE TOO LARGE FOR SITE.
MAX ALLOWED 633 SF.
(Anthony Casciani read the first application):
Located just west of 1854 Lake Road. Appticant 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 269-1! and 296-15 of the Code of the Town of Webster
Applicant requested application to be tabled.
RESOLUTION 24-001 Anthony Casciani made a motion to TABLED
APPLICATION TO MARCH 5, 2024 which was
seconded by Derek Meixell.
VOTE:
Mr. Anderson AYE
Mr. Kosel AYE
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina ABSENT
Mrs. Maltman AYE
Pg. 2 February 6, 2024 Planning Meeting
(Anthony Casciani read the second application):
Located at 701 Phillips Road. Applicant David Carcy is
requesting sign approval associated with the installation of a 196 SF building mounted facade sign,
and a 32 SF monument sign to reflect a new business on a 2.9-acre parcel having SBL # 065.03-
1-8 located in an IN Industrial District under Section 265-7 of the Code of the Town of Webster.
Appearing before the board was Kris McAllister with McAllister sign in Webster. | am the
contractor for the signage for Bad Cat Airsoft and Scott Carey ts the owner of the business, As
you can see, we are looking for approva! for an illuminated monument sign which is what we
call a posted panei sign so it won't actually have a monument face (lots of papers rattling) and
per the town regulations the illumination will only have only through letters and will have an
opaque background so that the background does not have light. Additionally, we are looking for
permission to put a sign on the building that is going to replace an existing banner that has been
there for about 16 years, and they do plan on just using a banner for that one as well.
Now, you are proposing the sign and I have looked at it during the day. You
have two post for one sign and there was a concern by a neighbor. Can that sign be moved
That wouldn’t be a problem at all.
It looks like someone made a trench there. Did you put electric wires or
electric fines in?
Yes, there was wiring recently put in.
Yes, that is what I thought. Why don’t you give us your name also.
SCOTT CAREY
Ok.
So, you said the neighbors were asking to move the sign to the south?
People are going into his driveway a lot. [remember talking about it a year
or two ago when you were in,
Ok, so the concern is that they want to identify the driveway a little bit better.
Yes, a precise location for where the driveway is. It is quite a ways from it. |
don’t think it’s a big deal, it’s just a couple of post.
What is happening is, traffic is going past the driveway and turning around on the
adjacent property INAUDIBLE.
Pg. 3 February 6, 2024 Planning Meeting
How much farther to the driveway would you like it to be moved?
Could the sign be moved to the south side of the driveway.
So, they don’t actually own that property to the south, That is on the site survey
here,
If you were too and I am going to guess off the top of my head recalling what
IT saw, if you move it INAUDIBLE with the ground
INAUDIBLE (BOTH PARTIES SPEAKING AT THE SAME TIME)
lam guessing, 15 feet from the driveway. Something along that line.
Alright.
But still, you need the required setback from the road obviously. Ok, it that
ok with you guys.
Yes
Alright, so lets call it 15 feet from the driveway.
Can the street number be put on the sign?
It has a number but yes, can you put the street number on there to. Right on
the sign. You have it on the post, but you really don’t see it. IVs 7 something | think it is.
We would certainly do that.
So, it meets the requirements. So, you are showing the sign, is it on a screen
or is it on the building?
Oh sorry, you can't get a good picture without the fence in the way. So, there ts
an existing 16 x 16-foot banner that is on the building, if you have seen the building recently and
so they do just want to replace that banner that is on the building with a new one.
And does that meet the requirements, Josh?
In terms of square footage, yes. [just had a question on how it is physically
attached to the structure,
So, the previous owners built a frame. So, there is actually a frame that goes
around the existing banner, and we would do something similar to that.
Pg. 4 February 6, 2024 Planning Mecting
[ Josh Artuso: Ok, so that would prevent it from blowing or moving.
So, the banner that is on there now, we did about 16 years ago, and it is sull
there. {t has been there, and it has been working pretty good.
Ok. Yes, as long as it is mounted and not fluttering in the wind, it’s fine.
Derek Anderson:
RESOLUTION
Town of Webster Planning Board considered the request by Applicant, David Carey to install a
196 SF building mounted fagade sign, and a 32 SF monument sign for Bad Cat Airsoft located at
701 Philips Road on a 2.9-acre parcel having SBL # 065.03-1-8.
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 24-002 Derek Anderson made a motion for TYPE II
SEQR which was seconded by John Kosel.
VOTE:
Mr. Anderson AYE
Mr. Kosel AYE
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr, Giardina ABSENT
Mrs. Maltman AYE
RESOLUTION 24-003 John Kosel made a motion for SIGN APPROVAL
Located at 701 Phillips Road. Applicant David Carey
is requesting sign approval associated with the
installation of a 196 SF building mounted fagade
sign, and a 32 SF monument sign to reflect a new
business on a 2.9-acre parce] having SBL # 065.03-
1-8 located in an IN Industrial District under Section
265-7 of the Code of the Town of Webster which was
seconded by Derek Meixell.
MONUMENT SIGN TO BE LOCATED WITHIN 15
FEET NORTH OF DRIVEWAY AND 25 FEET WEST OF PHILLIPS ROAD RIGHT OF
WAY; ADDRESS NUMBER TO MONUMENT SIGN.
[ Pg. 5 February 6, 2024 Planning Meeting
L
VOTE:
Mr. Anderson AYE
Mr. Kosel AYE
Mr. Malta AYE
Mr. Meixe!l AYE
Mr. Casciani AYE
Mr. Giardina ABSENT
Mrs. Maltman AYE
(Anthony Casciani read the third application):
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,
(THERE ARE A LOT OF PAPERS RATTLING AND YOU CAN HARDLY HEAR THE
APPLCIANT SPEAKING) ANYWAY TO ORGANIZE PAPERS AHEAD OF TIME?
Appearing before the board was Mike Ritchie with Costich Engineering. 1 am here representing
the developer. We are here tonight requesting final approval for Section 2 of Bella Terra
Subdivision INAUDIBLE Section |. The board up here shows Section 2, and it is kind of split
into two phases 2a and 2b. The reason for that, the split, is so that access could be provided to
Salt Road and be linked up with Section | and then additionally, the Meadows 2 Subdivision
which is also under construction has access to Schlegel as some of you might remember, that
ended at a dead end where the stub road for Bella Terra will continue so Section 2a will Ue in
with the stub of Arrow Wood Trail at Meadows 2 and also connected with Section 1 so we
thought that was a good way to connect to those lots for emergency vehicles who need access
INAUDIBALE egress and ingress.
A lot of the work to the site, utilily wise, infrastructure wise was done INAUDIBE Section |
watermains; sanitary sewers; storm sewers INAUDIBLE in Section |. The plan would be to
build....do the INAUDIBLE work, balance these two areas; connecting with the existing roads at
the sewer water main and then commence with INAUDIBLE building and the goal would be
pending approval to start earth work this spring. INAUDIBLE so we had success with Section |
INAUDIBLE built so INAUDIBLE it’s a pretty successful project and if you have any questions,
] would be happy to answer.
Well, we have a few issues with this. At this point, obviously you are aware,
but the town is not taking dedication of the road.
That is kind of like the elephant in the room. (BOTH PARTIES SPEAKING AT
THE SAME TIME)
Pg. 6 February 6, 2024 Planning Meeting
With that being said, 1 don’t know how we can give final approval to Section
[1 which would be approving the road when Section | has not been approved yet, so that in
number one. Number two, your drainage on this in the back of four lots INAUDIBLE area in
there in the back of the four lots, on a private subdivision, the drainage would have to be isolated
to one lot. You can’t not get started on lot four. That has been the policy for quite a while.
I will have to check if those are. It may be considered open space, and I don’t
know off the top of my head, if those were separate lots. I think that was an open spots and to be
dedicated to the Town of Webster.
And that lead me into the next part. I think the feeling is and I know you
want to fight this but if this is going the direction that 1 am seeing it, it needs to be an HOA and I
know Mr. Thomas does not want to do that way but I can’t see any other way to do tt. The town
does not want to take dedication. This water drainage from Section 2 drains over, flows over to
Section
1. Am I right?
That is correct,
That is one giant drainage facility. That should ali be under an HOA, and it
doesn’t look like the town wants to take dedication of the open space on it.
| agree with you. I understand clearly and I think out of necessity, even if one lot
werc to be sold of ownership or transfer by Mr. Thomas, an HOA must be formed but at this
point, where it is at today and into the near future, the intent would be that it be owned by one
individual and therefore everything prior would-be INAUDIBLE structure. I don’t want to speak
for you Tom but if a condition were to be put into place that if any units were to be sold that
INAUDIBLE an HOA would be required and I think that would be required out of necessity if
the board is dead set that, that is the only way to move forward, then we would ask to come back
after we have an opportunity to discuss. I think with maintaining ts the ownership of all 126 and
include Section | 1 to the ownership of one individual, I don’t know that an HOA would be
needed at this time, but [ agree, if in the future any of those lots that were not owned by Tom
near the pond, would absolutely need to be an HOA; as well as the road; as well as other
utilities; so, we understand that.
INAUDIBLE (BOTH PARTIES SPEAKING AT ONE TIME) that
discussion did come up and we agreed along with that and with the assumption of it being a
whole different ball game.
Right and I think that was the intent INAUDIBLE
And now we are in a dilemma with this.
Right now, this is a new section and new things have come to new light and |
understand the towns position in wanting to look at it, we are not arguing that. In the event if
Pe. 7 February 6, 2024 Planning Meeting
that ownership were to transfer from Mr. Thomas, then it must absolutely be formed and in short
of that, our intent is to maintain it as private up until that time.
Ok I hear you but again, | don’t believe the town wants to take dedication of
Section ones.
Absolutely, understood. (BOTH PARTIES SPEAKING AT ONCE)
So, that makes it difficult in Section 2 when it is actually drainage going into
Section | and that there, you have four lots and the drainage facility in the back over here, that
is......we Just did a couple garages recently and they had to change it.
INAUDIBLE...PAPERS RATTLING AND SOMEONE IS SPEAKING
Yes, and that is the issue EVERYONE SPEAKING AT ONCE. There will be one
owner of all the lots ; the right of way and the open space all under 800 Phillips Road, LLC
INAUDIBLE creative but currently it is all one owner, and I don’t know if you can form an
HOA with no associates, with just one entity. Section 1; Section 2; all under the ownership of
800 Phillips Road, LLC.
Why is there one owner?
Because the units are not being offered up for sale at this point.
So, wasn’t that a change in the original approval for the subdivision?
It was filed, and they are individual lots, and each lot pays there taxes as if every
single lot was owned by a separate standalone person, but Tom Thomas retains ownership and
then rents those units.
The understanding of the original approval though, these are all lots for sale.
That was the original intent which goes back to pre-covid. 1 know the economics
of the project (both parties speaking at the same time)
it sounds like to me that we have to re-visit INAUDIBLE
We did come back to Planning Board for Section | specifically and | think when
the town became aware of this issue arriving and 7 know it was presented to the board and at that
lime, there was no objection to going forward with one ownership and | understand, il is not a
simple path, but I think this is the path that the developer feels it's the most feasible way to move
forward. If there is no wiggle room for the ability to add conditions to the approval mandating
an HOA is formed a separate entity wherever to maintain ownership of a parcel, then we would
request that this application be tabled so we can regroup and come back.
Pg. 8 February 6, 2024 Planning Mecting
Well, I think at this point that is what we are going to have to do. Just table
this thing and regroup on it because the issues that I just brought up are concerns and again,
drainage needs to be on one parcel, separate from the group like that. It can’t be on several lots.
That drainage does flow into section one which then creates an issue in that area too so know the
town has jurisdiction over the whole thing and at this point, I don’t think that’s the direction we
want to go in. Based on that INAUDIBLE sale the units and not going in that direction, | think
we turned around, so I think this has to be tabled unti) tt all gets resolved.
Understood.
Again, Section 2, | don’t feel we can approve a dedicated road when Section
I, the town js not taking dedication in Section
1. Makes sense?
We would be willing to accept that the town would not take dedication of the road
that it would be a private road and we understand that in speaking with the town, we understand
that they are not going to take dedication of Section 1, let along Section
2. Everything would be
private. The road, the stormwater, the utilities and even if an HOA would to be formed, Mr.
Thomas would be the majority member of that HOA and with that, would bare the responsibility
for any maintenance that would be necessary. INAUDIBLE HOA its a formal document that lays
out what is covered and what is not covered but at this point everything is covered by the
developer and will continue to do so.
INAUDIBLE individual parcels,
They are.
INAUDIBLE owned by one individual.
Correct,
It doesn’t matter, it would all have to be part of an HOA. INAUDIBLE HOA
member but he represents all the individual parcels. The intent was to have the same as
individual single family residences INAUDIBLE parcels are sold and now, | am hearing it’s
already INAUDIBLE road so what | am hearing is that this a completely different development
then what was originally approved, and | would think that we would have to start the process
over again,
At this point, I think we just need to table it and I think we need to get the
town and the applicant together and work out the details on
1. There is no way we are going to
do this, this evening. | am proposing we table the Bella Terra application to (PAPERS
RATTLING AND CAN NOT REALLY HEAR EVERYONE TALKING)
What about March? There ts a meeting in March.
Pg. 9 February 6, 2024 Planning Meeting
I believe so, If we can touch base with the town.
I think the town needs to get together and get on board because we can not act
if we don’t see the town taking dedication to the roads and so on and so forth. That is key to this
thing. All the infrastructure, drainage, sewers and so on. So, we will table it....what was the date
again? Mike, when I was looking at the drawings presented, I Mipped and flopped, and |
couldn't understand.
Yes, the plat maps INAUDIBLE (BOTH PARTIES SPEAKING AT THE SAME
TIME)
RESOLUTION 24-004 Anthony Casciani made a motion to TABLE
APPLICATION TO MARCH 5, 2024 which was
seconded by Derek Meixell.
VOTE:
Mr. Anderson AYE
Mr. Kosel AYE
Mr. Malta AYE
Mr. Meixell AYE
Mr, Casciani AYE
Mr. Giardina ABSENT
Mrs. Maltman AYE
(Anthony Casciani read the fourth
Located at 755 Ridge Road. Applicant Robert Sanders is
requesting PRELIMINARY/FINAL SITE PLAN APPROVAL (
PUBLIC HEARING
)
associated with minor exterior improvements and enclosing of an existing covered area associated
with 7.55-acre parcel having SBL # 079.17-1-23.11 located in an MC Medium Intensity
Commercial District of the Code of the Town of Webster. (PAPERS RATTLING)
Appearing before the board was Linc Snedrock with BME Associates and I] am here on behalf of
Vision Hyundai. So, we are looking for Preliminary/Final Site Plan. It is a new Owner and its”
updating the building for upgrades to the Vision Hyundai. Enclosing 1827 sf and an overhang
and enclosing it and we are not proposing any utility improvements, just.a building permit
application to improve the interiors of the building mainly and we are not proposing any site
improvements there have been some comments from staff that we received and responded back
that they wanted to look at parking a little bit INAUDIBLE and comments about existing utilities
in the building and we have been reviewing those and we did provide the plumbing plan today
INAUDIBLE all the internal plumbing is consistent so it works and basically there are building
plans prepared for it INAUIDBLE upon the Planning Boards review and then we can apply fora
building permit to improve the building as well as the internally and externally.
Pg, 10 February 6, 2024 Planning Meeting
Is that kind of what they did over at Garber, just the entrance before you go
into, the garage?
Yes, it is basically Just fagade improvements, and they are doing this on all the
buildings. I didn’t print out the big ones, but I do have the existing Hyundai INAUDIBLE and
it’s sort of blue look and a gold. I don’t know if you have it. I did try and provide it with the
PRC comments. | could pass these out if you want. (APPLICANT HANDED OUT COPIES OF
PLANS....SEE ATTACHED) I did send out, sort of the perspective view (PAPERS
RATTLING) it’s harder to see but it sort of gives you an idea of the exterior (applicant not at the
mic) the limits of the building changes.
So, its minor changes and you are basically enclosing that overhang.
Just enclosing the area, | mean there is overhand now, it’s just going to be
enclosed and the drainage isn’t changing in there INAUDIBLE basically heated so they can use
itas INAUDIBLE space and they are doing this with all of them. It's a new owner for all of
them.
Does anyone have any questions or concerns?
No changes to signage?
There will be changes to the signs but that is out of my scope. They will be
coming back separately for signage.
(PAPERS RATTLING AND NOT SPEAKING LOUD ENOUGH) metal
building panels....on the application, the fagade improvements include the ACM metal building
panel INAUDIBLE SSG INAUDIBLE what does that consist of ?
That is the materials. I would have to look and see exactly. I think that is what
is called out on the plans. INAUDIBLE
(BOTH PARTIES SPEAKING AT THE SAME TIME}
Is that the material showing on the elevations?
Yes, itis consistent with this.
So, no change to the INAUDIBLE building, just change in the color,
Really, just change in the color and the INAUDIBLE and it sull going to be
consistent with what is there now. They are adding INAUDIBLE stations for INAUDIBLE as
well INAUDIBLE they are going to add some more. They have INAUDIBLE stations now but
there will be some of the improvements.
Pg. |] February 6, 2024 Planning Meeting
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755 Ridge Ad
Webster, NY 14580
HYUNDAI WEBSTER
Alright. Again, this is a public hearing, is there anyone wishing to speak for
or against this. Ok, we are going to close the public hearing and bring it back up to the board.
Does anyone have any concerns?
INAUDIBLE
Yes, Garber did the same thing.
Derek Anderson:
RESOLUTION
Town of Webster Planning Board considered the request by Applicant, Robert Sanders to
construct minor exterior improvements and enclosing an existing covered area associated with
Vision Hyundai Webster located at 755 Ridge Road on a 7.55-acre parcel having SBL # 079. 17-
1-23.t1.
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 24-005 Derek Anderson made a motion for TYPE II
SEQR which was seconded by Derek Meixell.
VOTE:
Mr. Anderson AYE
Mr. Kosel AYE
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina ABSENT
Mrs. Mattman AYE
RESOLUTION 24-006 Anthony Casciani made a motion — for
Located at 755
Ridge Road. Applicant Robert Sanders is requesting
PRELIMINARY/FINAL SITE PLAN
APPROVAL (
PUBLIC HEARING
) associated
with minor exterior improvements and enclosing of
an existing covered area associated with 7.55-acre
parcel having SBL # 079.17-1-23.11 located in an
MC Medium Intensity Commercial District of the
Code of the Town of Webster which was seconded
by Dave Malta.
Pg. 12 February 6, 2024 Planning Meeting
Do you want a drain in there maybe? It has to go through INAUDIBLE
separator, | don’t know.
INAUDIBLE we can coordinate with INAUDIBLE (BOTH PARTIES
SPEAKING AT THE SAME TIME)
Ok, so the applicant coordinates with sewer and highway. Actually the
Highway Department, who controls that?
Well, it’s a state road but
The drain going inside there
That would be more of a sanitary sewer so the Sewer Department.
Ok, so that would be the Sewer Department for any interior drainage changes.
| think there might be a litde bit of confusion because our Sewer Department was
contacted given a request to connect to the sanitary sewer system so [ think that is where some of
the sewer related comments coming from, but it sounds as though you are not aware.
They are trying to figure oul where. They had an issue, and we are working though
it. It is going to be part of the improvements to fix that. The INAUDIBLE go out the back so the
sewers are over here. INAUDIBLE (BOARD MEMBERS HAVING CONVERSATION WHILE
APPLICANT IS SPEAKING) There is a sewer manhole and that is where the line goes. They
couldn’t find anything out at the road.
Ok, will leave it like that. The APPLICANT TO COORDINATES WITH
SEWER DEPARTMENT PRIOR TO RECEIVING BUILDING PERMIT; ADDRESS
ALL PRC COMMENTS. That way you have it resolved before you go in.
VOTE:
Mr. Anderson AYE
Mr. Kosel AYE
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina ABSENT
Mrs. Maltman AYE
RESOLUTION 24-007 Anthony Casciani made a motion for FINAL
Located at 755 Ridge Road.
Applicant’ Robert) Sanders is requesting
Pg. 13 Pebruary 6, 2024 Planning Meeting
PRELIMINARY/FINAL SITE PLAN
APPROVAL (
PUBLIC HEARING
) associated
with minor exterior improvements and enclosing of
an existing covered area associated with 7.55-acre
parce! having SBL. # 079.17-1-23.11 Jocated in an
MC Medium Intensity Commercial District of the
Code of the Town of Webster. which was seconded
by Derck Meixell.
FINAL APPROVAL
1. Subject to Project Review Committee comments
2. Significant construction shall occur within one year, as deemed by the
Planning Board, to expire on 2.6.25
3. Applicant to coordinates with Sewer Department prior to receiving building
permit.
VOTE:
Mr. Anderson AYE
Mr. Kosel AYE
Mr. Malta AYE
Mr. Meixell AYE
Mr, Casciani AYE
Mr. Giardina ABSENT
Mis. Wright AYE
(Anthony Casciani read the fiftit)
Located at 1083 Bright Stream Way.
Applicant Scott Andrews is requesting PRELIMINARY / FINAL SITE PLAN APPROVAL
(
PUBLIC HEARING
) associated with the construction of an 816 SF accessory building located
on a 0.73-acre parcel having SBL # 064.08-2-60 located in an R-2 Single Family Residential
District under Sections 269-11, 350-11 and 350-36 of the Code of the Town of Webster.
Appearing before the board was Scott Andrews at 1083 Bright Stream Way. Iam requesting
approval to construct an accessory building to be tucked into where my current shed is now and
have the shed moved over to the northeast portion of the property and all the setback required.
You have a pretly good-sized shed back there now.
It is a LO X
16. Anthony Casciani: So, you are proposing to move that.
Pe. 14 February 6, 2024 Planning Meeting
Yes, to the northeast property to use that for gardening and planting stuff over
there. Basically, I want to get my garage cleaned out so I can put all my tools, snowblowers,
generators and store stuff inside of the accessory building.
Ok, so what you are proposing is actually 800 and some square feet. |
calculated it out and the maximum that would be allowed would be 633 square feet so the 800
cannot happen. There is a lot of flooding and drainage issues.
My neighbor, Mike Fairchild, when I first moved in, advised me of the flooding
in that area where he said the last 33 years, it came up above where his children’s playground
area is and last week, we had that happen and | photographed the whole area that I was looking
at and nothing was under water al that point. [still plan to put 3 or 4 more inches of stone to get
it up higher.
So, if you move the shed you are putting it more into the wet area, Now, isn’t
that a wetland area?
It’s a floodplain.
There is some low areas in the lot that we bought, and | would propose to put
drains out there to the creek. The backyard from west to cast is graded down right to the street
INAUDIBLE so it goes straight back to the stream.
So, you are aware, the 100-year floodplain on this property, comes up and its
about 20 feet off the patio, roughly. So, the entire shed......this building, would be placed within
the [00-year floodpiain.
| don’t think this 1s going to be a simple project to approve. You know what,
this is a public hearing. Would anyone like io comment on it?
Mike Fairchild at 1081 Bright Stream Way spoke: PLEASE SEE ATTACHED FOR ALL THAT
WAS READ AND SUBMITTED BY NEIGHBOR.
[ think there is 16 feet on either side of the house to put the lot line and the
face of the house you have a large tree there so how would you get down there?
This ts strictly for storage of tools, toolboxes, a tot of equipment, snowblowers,
generators and all the outdoor furniture. We have no space in our garage because of the fact the
easement will not allow for an extension on our garage, and we are looking to get some of our
cars back in the garage.
| don’t recall us approving anything this large on a regular residential lot and
generally something that size is on a few acres of land or something of that nature. Not with
adjoining neighbors which I had to get a visual of it and looking out into your yard from next
door your side and | see a big shed in the back there, does block the view and INAUDIBLE we
Pg. 15 February 6, 2024 Planning Meeting
Good evening, everyone. My name is Mike Fairchild. My wife and | live at 1081
Bright Stream Way in Webster. We have lived there for 36 years.
lam here to express opposition to proposed plans for a large accessory building
that our neighbor at 1083 Bright Stream Way wants to erect next to our property.
Currently, there is a 160 sq ft shed, 10’ x 16’ next to our property that he plans to
move to the northeast part of his lot, closer to the creek, and replace it with a
permanent 816 sq ft accessory building. The accessory building is 24’ x 34’ witha
peak height of approximately 14’. That’s five times larger than the current shed
and for perspective, it would be large enough to accommodate 4 average-sized
cars. Presently, if you look around our neighborhood, there is not one other
accessory building on Bright Stream Way. The reason? Bright Stream Way is a
small, quiet residential neighborhood. The residents there want nothing more
than to preserve and maintain the residential atmosphere, appearance and
character of Bright Stream Way. Adding this large accessory building will not
achieve that goal. Every neighbor that | have spoken with agrees. Note that I’ve
documented other reasons of our opposition to this proposal utilizing the town’s
online form. In addition, images and drone video have been submitted via a
thumb drive for the planning board to review. The drone video is very telling and
shows the extreme flooding that can occur in the backyard of 1083 Bright Stream
Way where the accessory building is proposed to sit.
In our 36 years of living on Bright Stream, we've learned that Mother Nature must
be respected. The creek floods neighborhood backyards and the large 150’
cottonwood trees can fall. Using good common sense is key with regard to one’s
property. There is no doubt that | would never build a structure of value in my
flood-prone backyard. Please refer to the pictures in the handout if you don’t
mind. On March 8, 2017 trees blew over due to a major wind event in our
backyard. Fortunately, none of the large cottonwoods came down. Major
cleanup was required as the pictures show. A month later, on May 1, 2017, due
to heavy rain, the creek overflowed and flooding occurred. The last picture
looking northeast shows the backyards of our property and part of 1083 Bright
Stream Way. Now, you may be thinking, “What does this have to do with a
neighbor's accessory building?” Well, if any structure, including an accessory
building, is constructed in a heavily treed area that is particularly flood-prone,
what you see in these pictures can have a major negative impact on that
structure, the neighbor's property and ultimately, my property.
| have five more bullet points and then I’m done:
Number 1........ The large accessory building, if approved, would negatively
impact the beauty and serenity of our backyard as well as the monetary
value of our property. No one wants to look at their backyard and see a
large, unsightly structure sitting along their lot line.
Number 2........ A large structure, such as an accessory building, could
exacerbate flooding and drainage in the backyard at 1083 Bright Stream
Way which would impact neighboring properties, including ours.
Number 3.......... The creek width years ago was 3-4 feet. It is now 8-10 feet
and even more in some areas. Erosion of the creek is a serious concern. A
large accessory building could divert flood water, change creek flow and
exacerbate erosion.
Number 4......... There is not sufficient space on either side of the house at
1083 Bright Stream for large construction vehicles to access the backyard
and we certainly do not want damage to our property due to vehicles,
equipment or construction workers utilizing our property for their
convenience.
Number 5..........In the fall, winter, and spring, backyard turf is sometimes
wet and fragile. Driving a vehicle on the wet turf can be problematic.
Installing a paved surface to the backyard to access the building is not an
option due to easements on either side of the house.
That’s alll have. | appreciate your time this evening. Thank you very much.
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have seen the pictures of the water draining down through there and ] don’t think it is appropriate
to have a structure within that water way. Anybody have any concerns or issues?
I think I agree with you. [ drove over there and took a look at it INAUDIBLE and
also the neighbor behind you. The shed he has there now, sticks out like a sore thumb and that is
a 10 X 16 so know we are going to put double the size of that, and it will be totally out of place
for that neighborhood.
scout Andrews: I would be willing to reduce the square footage of the building and I also have
pictures to show of when the flooding happen last year. There was no water near the shed.
Well, the concern with the flooding in not necessarily what you seen last week
or last year basis. This area has actually been delineated by FEMA for the width and where the
actual flood zone is, so the building is going to be within the floodplain whether or not you have
seen the water get that high. It hasn’t happened yet so INAUDIBLE structure and 1 would have
to agree with everyone else, this size we normally see on larger lots, over three acres and it
doesn’t seem to fit with the character of the neighborhood. Even the size at this point
INAUDIBLE.
Also on your environmental form, you did mark that it is not in a 100-year
floodplain and actually it would be. So, that is marked in error. Ok, does everyone agree?
Board agreed, too big.
[don’t think we are going to be approving this as presented. I think you have
the one there and that is an inadequate shed in the backyard there as it stands in my opinion.
Again, this is a public hearing so if anyone wishes to speak .
| have a thumb drive that my wife actually took of flooding a couple of
weeks ago.
We do have....
No, you have not scen this. There is standing water in front of the current
shed. (WE VIEWED THE VIDEO)
Yes, there is a lot of water there. Even with the re-location of the proposed
existing shed it would even be more into the wet area.
If I were to table this and come back with a smaller sized building and not put
the shed over in the northeast corner, would that be considered?
Board members having conversations. Can not really hear anyone person.
Pg. 16 February 6, 2024 Planning Mecting
INAUDIBLE sheds 8 X 10 or 10 X 12, things of that nature or smailer. |
can’t tell you that you can’t come back, and you are welcome to do that, but I don’t know where
it would go based on where the flood plain is and where the water is.
Right now, there is no water back there. It flooded and it goes right back down.
So, we INAUDIBLE......
It is designated as a wetland arca, floodplain area.
RESOLUTION 24-008 Anthony Casciani made a motion for
DENIED WITHOUT PREJUDICE.
STRUCTURE TOO LARGE FOR SITE.
MAX ALLOWED 633 SF which was
seconded by Derek Meixell.
VOTE:
Mr. Anderson AYE
Mr. Kosel AYE
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina ABSENT
Mrs. Maltman AYE
No Minutes were approved.
With no other applications before the Board this evening Anthony Casciani concluded tonight's
meeting at 8:00 PM.
Respectfully Submitted,
Signed Lin G tan Dated BLS
Katherine Kolich, Recording Secretary MOP B24 ae toro?
FILED WEBSTER THN CLK
Pg. 17 February 6, 2024 Planning Meeting