Planning Board Meeting
Planning Minutes 2024.02.06

Minutes

February 6, 2024 · 41 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

6 February 2024

PRESENT

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

Anthony Casciani

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

Anthony Casciani

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.

Anthony Casciani

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

Applicant

McMahon LaRue

Status

FABLED TO MARCH 5, 2024

Pg. | February 6, 2024 Planning Mecting

SCHEDULED MATTERS

:

BAD CAT AIRSOFT SIGNAGE

Applicant

David Carey

Status

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

Applicant

Tom Thomas

Status

TABLED TO MARCH §, 2024

VISION HYUNDAI WEBSTER

Applicant

Robert Sanders

Status

APPROVED WITH CONDITIONS: APPLICANT TO COOORDINATE WITH

SEWER DEPARTMENT PRIOR TO RECEIVING BUILDING PERMIT; ADDRESS

ALL PRC COMMENTS.

BRIGHT STREAM WAY ACCESSORY BUILDING

Applicant

Scott Andrews

Status; DENIED WITHOUT PREJUDICE. STRUCTURE TOO LARGE FOR SITE.

MAX ALLOWED 633 SF.

(Anthony Casciani read the first application):

LOCHNER SUBDIVISION

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):

BAD CAT AIRSOFT SIGNAGE

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.

Anthony Casciani

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

Kris McAllister

That wouldn’t be a problem at all.

Anthony Casciani

It looks like someone made a trench there. Did you put electric wires or

electric fines in?

Scott Carey

Yes, there was wiring recently put in.

Anthony Casciani

Yes, that is what I thought. Why don’t you give us your name also.

SCOTT CAREY

Anthony Casciani

Ok.

Kris McAllister

So, you said the neighbors were asking to move the sign to the south?

Anthony Casciani

People are going into his driveway a lot. [remember talking about it a year

or two ago when you were in,

Kris McAllister

Ok, so the concern is that they want to identify the driveway a little bit better.

Anthony Casciani

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.

Dave Malta

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

Kris McAllister

How much farther to the driveway would you like it to be moved?

John Kosel

Could the sign be moved to the south side of the driveway.

Kris McAllister

So, they don’t actually own that property to the south, That is on the site survey

here,

Anthony Casciani

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

Kris McAllister

INAUDIBLE (BOTH PARTIES SPEAKING AT THE SAME TIME)

Anthony Casciani

lam guessing, 15 feet from the driveway. Something along that line.

Kris McAllister

Alright.

Anthony Casciani

But still, you need the required setback from the road obviously. Ok, it that

ok with you guys.

Board

Yes

Anthony Casciani

Alright, so lets call it 15 feet from the driveway.

John Kosel

Can the street number be put on the sign?

Anthony Casciani

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.

Kris McAllister

We would certainly do that.

Anthony Casciani

So, it meets the requirements. So, you are showing the sign, is it on a screen

or is it on the building?

Kris McAllister

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.

Anthony Casciani

And does that meet the requirements, Josh?

Josh Artuso

In terms of square footage, yes. [just had a question on how it is physically

attached to the structure,

Kris McAllister

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.

Kris McAllister

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.

Josh Artuso

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.

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.

[ 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):

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,

(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.

Anthony Casciant

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.

Mike Ritchie

That is kind of like the elephant in the room. (BOTH PARTIES SPEAKING AT

THE SAME TIME)

Pg. 6 February 6, 2024 Planning Meeting

Anthony Casciani

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.

Mike Ritchie

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.

Anthony Casciani

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?

Mike Ritchie

That is correct,

Anthony Casciani

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.

Mike Ritchie

| 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.

Anthony Casciani

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.

Mike Ritchic

Right and I think that was the intent INAUDIBLE

Anthony Casciani

And now we are in a dilemma with this.

Mike Ritchie

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.

Anthony Casciani

Ok I hear you but again, | don’t believe the town wants to take dedication of

Section ones.

Mike Ritchie

Absolutely, understood. (BOTH PARTIES SPEAKING AT ONCE)

Anthony Casciani

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

Mike Ritchie

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.

Derck Anderson

Why is there one owner?

Mike Ritchie

Because the units are not being offered up for sale at this point.

Derek Anderson

So, wasn’t that a change in the original approval for the subdivision?

Mike Ritchie

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.

Derek Anderson

The understanding of the original approval though, these are all lots for sale.

Mike Ritchie

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)

Derek Anderson

it sounds like to me that we have to re-visit INAUDIBLE

Mike Ritchic

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

Anthony Casciant

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.

Mike Ritchie

Understood.

Anthony Casciani

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?

Mike Ritchie

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.

Derek Anderson

INAUDIBLE individual parcels,

Mike Ritchie

They are.

Derek Anderson

INAUDIBLE owned by one individual.

Mike Ritchie

Correct,

Derek Anderson

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,

Anthony Casciant

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)

Josh Artuso

What about March? There ts a meeting in March.

Pg. 9 February 6, 2024 Planning Meeting

Mike Ritchie

I believe so, If we can touch base with the town.

Anthony Casciani

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.

Mike Ritchie

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

VISION HYUNDAI WEBSTER

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

Anthony Casciani

Is that kind of what they did over at Garber, just the entrance before you go

into, the garage?

Line Snedrock

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.

Anthony Casciant

So, its minor changes and you are basically enclosing that overhang.

Line Snedrock

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.

Anthony Casciani

Does anyone have any questions or concerns?

Derek Anderson

No changes to signage?

Line Snedrock

There will be changes to the signs but that is out of my scope. They will be

coming back separately for signage.

Derek Anderson

(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 ?

Line Snedrock

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}

Derek Anderson

Is that the material showing on the elevations?

Line Snedrock

Yes, itis consistent with this.

Derek Anderson

So, no change to the INAUDIBLE building, just change in the color,

Line Snedrock

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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HYUNDAI WEBSTER

Anthony Casciani

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?

Dave Malta

INAUDIBLE

Anthony Casctant

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

PRELIMINARY APPROVAL

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

Anthony Casciani

Do you want a drain in there maybe? It has to go through INAUDIBLE

separator, | don’t know.

Linc Snedrock

INAUDIBLE we can coordinate with INAUDIBLE (BOTH PARTIES

SPEAKING AT THE SAME TIME)

Anthony Casciani

Ok, so the applicant coordinates with sewer and highway. Actually the

Highway Department, who controls that?

Josh Artuso

Well, it’s a state road but

Anthony Casciani

The drain going inside there

Josh Artuso

That would be more of a sanitary sewer so the Sewer Department.

Anthony Casciani

Ok, so that would be the Sewer Department for any interior drainage changes.

Josh Artuso

| 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.

Linc Snedrock

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.

Anthony Casciant

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

APPROVAL

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)

BRIGHT STREAM WAY ACCESSORY BUILDING

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.

Anthony Casciant

You have a pretly good-sized shed back there now.

Scott Andrews

It is a LO X

16. Anthony Casciani: So, you are proposing to move that.

Pe. 14 February 6, 2024 Planning Meeting

Scott Andrews

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.

Anthony Casciani

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.

Scott Andrews

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.

Anthony Casciani

So, if you move the shed you are putting it more into the wet area, Now, isn’t

that a wetland area?

Josh Artuso

It’s a floodplain.

Scolt Andrews

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.

Derek Anderson

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.

Anthony Casciant

| 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.

Anthony Casciani

[ 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?

Scott Andrews

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.

Anthony Casciant

| 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?

Dave Malta

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.

Derek Anderson

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.

Anthony Casciani

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.

Anthony Casciani

[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 .

Audience member

| have a thumb drive that my wife actually took of flooding a couple of

weeks ago.

Anthony Casciani

We do have....

Audience member

No, you have not scen this. There is standing water in front of the current

shed. (WE VIEWED THE VIDEO)

Anthony Casciani

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.

Scott Andrews

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

Anthony Casciani

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.

Scott Andrews

Right now, there is no water back there. It flooded and it goes right back down.

So, we INAUDIBLE......

Anthony Casciani

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

ADMINISTRATIVE ITEM

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

End of document