WEBSTER TOWN PLANNING BOARD MINUTES
Webster Town Board Meeting Room 1002 Ridge Road
7:00 p.m.
6 June 2023
ABSENT:
Anthony Cascitani, Chairman John Kosel
Dave Malta, Vice Chairman
Mark Giardina, Secretary
Derek Anderson
Derek Meixell
Jennifer Wright
Josh Artuso, Director of Community Development
Katherine Kolich, Recording Secretary
Kyle Taylor, Attorney
Welcome to the June 6, 2023 Webster Planning Board meeting. Please join
us in the Pledge of Allegiance.
Roll call
Summary overview of outcome:
SCHEDULED MATTERS
:
CORONAS MEXICAN RESTAURANTYSIGN-1075 RIDGE ROAD
Michael Hodgins
APPROVED ON CONDITION: RED LETTERS TO BE REDUCED IN SIZE; NO
LARGER THAN TO 220” IN LENGTH.
ONTARIO SEADOOD/SIGN-696 RIDGE ROAD
Amy Catalano
Status; APPROVED AS PRESENTED
FAIRLIFE, LLC-END OF TEBOR ROAD
Fairlife, LLC
BOARD TO SEND LETTER OF FAVORABLE RECOMMENDATION TO
ZONING BOARD OF APPEALS
TAKE 5 OIL CHANGE/SITE PLAN-1045 RIDGE ROAD
Quattro Development
NO BUILDING PERMIT WILL BE ALLOWED UNTIL PLANS WITH
CHANGES ARE SUBMITTED; DUMPSTER ENCLOSURE SHOULD BE BRICK
OR DECORATIVE BLOCK;REDUCE THE SIZE OF THE RED BAND F
ROM 2° 3” TO 1° 8”.
Pg. 126 Aune 6, 2023, Planning Meeting
MARINA JEEP/EXPANSION-943 RIDGE ROAD
Al LaRue
APPROVED AS PRESENTED
SPORTS CENTER-701 PHILLIPS ROAD
Chud Nation LLC
APPROVING EXISTING USE AS INDOOR/OUTDOOR SPORTS TO SUPPORT
AIR SOFT INDOORS FROM USE OF PAINTBALL.
G & H AUTO SALES-1021 FIVE MILE LINE ROAD
Haldun Ince
APPROVED WITH CONDITIONS: FENCE TO BE CONSTRUCTED ALONG
NORTHERN PROPERTY LINE FROM FRONT WALL OF GARAGE TO THE REAR
PROPERTY; FENCE TO BE INSTALLED PRIOR TO PARKING CARS;NO CARS
PARKED ON GRASS; NO LOADING OR UNLOADING OF CARS ON FIVE MILE
LINE ROAD.
CARRIAGE-GARAGE ADDITION-1242 LAKE ROAD
Matt Lester
SEND LETTER OF FAVORABLE RECOMMENDATION TO THE ZONING
BOARD OF APPEALS TO INCREASE SIZE OF PREVIOUSLY GRANTED
VARIANCE.
(Mark Giardina read the first application):
Located at 1075 Ridge Road. Applicant
Michael Hodgins is requesting SIGN APPROVAL associated with the installation of a 60 SF
building mounted facade sign for an existing Mexican restaurant on a |.59- acre parcel having
SBL# 079.16-1-24.22 located in an MC Medium Intensity Commercial District under Section
265-7 of the Code of the Town of Webster.
Appearing before the board was Jim Gardner and I am representing Coronas Mexican
Restaurant. ] am asking for approval on this sign.
Yes, we talked a little bit just before the meeting and the way that it is there
now, if you have been by it, you can not even see it. It is very small. You really can’t see it and
this one here, this is a super large one. I was just talking to the gentleman. The square footage
wise, Josh, you are ok with the square footage.
Yes.
Ok, then based on that you can just move those figures in a little bit and just
shorten il up, so it doesn’t look so large. Because it is almost going from overhang to overhang.
Yes, we can bring the letters of Coronas word in and down a little bit to get a little
closer to the cabinet sign.
Pg. 427 /June 6, 2023, Planning Meeting
Ok and that is lit, correct?
That is lit internally.
Does anyone have any questions or concerns with this?
If you squeeze in those letters how much do you think you can actually take
because actually it’s not even going to take off 8 feet but how much do you think you can get off
of that.
Across the whole sign, if we took it straight across the line in height and a few
inches in width, you are looking at several feet.
OK.
It’s pretty simple and cut and dry. Definitely an improvement of what was in
there. Ok, you can do a SEQR on it.
Derek Anderson:
RESOLUTION
Town of Webster Planning Board considered the request by Applicant, Michael Hodgins to
install a 60-sf building mounted facade sign for Coronas Mexican Restaurant located at 1075
Ridge Road on a 1.59-acre parcel having SBL # 079. 16-1-24.22.
The Planning Board classifies the proposed action to be a Type Il Action under Section
617.5(c)(2) of the State Environmental Review (SEQR) Regulations and therefore is not subject
to further review.
RESOLUTION 23-056 Derek Anderson made a motion for TYPE II
SEQR which was seconded by Derek Meixell.
VOTE:
Myr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina AYE
Mrs. Wright AYE
Ok, does someone want to make an approval for the sign?
RESOLUTION 23-057 Jennifer Wright a made a motion for SIGN
APPROVAL requesting SIGN APPROVAL
Located at 1075 Ridge Road associated with the
installation of a 60 SF building mounted facade
sign for an existing Mexican restaurant on a 1.59-
acre parcel having SBL# 079.16-1-24.22 located
Pg. 128 une 6, 2023, Planning Meeting
in an MC Medium Intensity Commercial District
under Section 265-7 of the Code of the Town of
Webster of Webster which was seconded by
Derek Meixell.
Almost as presented with the modification that the red letters in Corona will
be compressed to take a couple feet off the sign so it doesn’t cross the entirety of the front of
the peak.
Ok, so do you want to set a number for it? It’s 227 inches across now so...
Well, it is presented as 60 and 53 would be 10 percent of just the peak so if
You...
No, I am just talking about reducing the sign from 220 and 7 inches and you
want to shorten it up like 5-6 inches, say something like that and bring it down just in the
inches and that is it.
Bring it down 220?
Yes, that’s it, Ok, are you guys alright with that?
Yes
Is that your motion?
Yes, that is the motion and thank you for helping.
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina AYE
Mrs. Wright AYE
(Mark Giardina read the second application):
Located at 696 Ridge Road. Applicant Amy Catalano is
requesting SIGN APPROVAL associated with the installation of an 8 SF building mounted
facade sign and corresponding monument sign panels for a new business within the Heritage
Commons Plaza on a 1.16- acre parcel having SBL# 079.17-1-81 located in an MC Medium
Intensity Commercial District under Section 265-7 of the Code of the Town of Webster.
Pg. 129 June 6, 2023, Planning Mecting
consistent, that’s all. Jiffy Lube with what they came in with, that is not believe me that is not
what they came in with originally. The way that building turned out. Nice looking building and
nice doors on it and everything. Now this is prime area right there in webster and | think it
should conform too. It’s small and it’s a narrow building, it’s east to west and it is not very
wide. Your front is low . What is that a man door, the grey door on the front there right?
Mike Haag (not using the mic) It’s a traditional layout INAUDABLE the typical layout is
INAUDIBLE obviously we heard feedback on our sketch plans, and we turned it.
Yeah, that’s good. No, I think that part is good, the doors are on the sides
there.
And I think we added landscaping, height element to kind of break up that...
That was going to be my next question. On your drawings when you come
back with a set of drawings showing what you are really doing with it, that area where the door is
and stuff in the front, can you landscape that?
(not using the mic) like a foundation landscaping area?
Yes, and landscape area along near the building you know.
We can absolutely do that.
And you have that brick and stone so reducing the size of the red band, what
half Dave? Half of the size?
Half the size.
Alright, so whatever the dimension is on the drawings just come in with that,
you should have that.
One thing, just putting it out there because Derek liked the red roof element
over the flat top. What if you kept the red roof element and got rid of the banding completely
and just had the branding just from having the red roof.
Say what?
I am talking about this drawing. (Holding up a drawing) Going to the old
drawing; keeping the roof element; and getting rid of the banding completely.
Just have a little red stipe across the top.
Pe. 139 June 6, 2023, Planning Meeting
The red stripe across the top and the red roof and then the brick building with
the roof element being the banding .
What red roof???
The cupola.
That is gone. It is not on there.
We don’t want that.
That has already been taken off.
Derek had mentioned that he liked that better.
All the other buildings have cupolas.
No, we don’t want that.
No, that was actually at PRC, and I think that was requested to be removed.
| am just trying to find a way to get rid of the red band completely and still have
the red element.
Yeah, just cut it in half. We don’t know what the dimension is because it
really doesn’t show but if ......
(not using the mic) I am sorry, I am just thinking. I think you INAUDIBLE red
metal INAUDIBLE we can make that a different color and that would Jessen the overal! red band
on top. I know that is an INAUDIBLE on the most recent and we were thinking we could take
that off to.
J] don’t care about that. What ever you do, just shrink the size of the red band
down around there and I don’t know what that is based on the drawing. I am going to guess it is
probably 3 feet.
(not using the mic) It is 2 feet 3” INAUDIBLE
So, just make it a narrow band around. So, you are going lo need....we are
not going to be able to do much with this tonight. That is dryvit vet up at the top there. Signage
to be submitted. So, that is going to be something later?
It was submitted.
Pg. 140 /June 6, 2023, Planning Meeting
Oh, we do have it.
The signage that you have on the old plan? Is that what you are talking about
because it doesn’t show any signage that I can see.
Ok, either way, it doesn’t matter because this is really just a review right now.
We can’t approve anything with this. We have to have drawings; elevation; and so on and so
forth, you know. So, what you want to do is get all that stuff to make it to the next meeting I
suppose and have all your paperwork in order, actual building drawings.
(not using the mic) I was under the impression that you all had our signage
paperwork [INAUDIBLE (cannot hear at all)
That is what I am saying. That is what we have to go by is what we are going
to approve. We can’t approve something, you know.
They do show the signage for TAKE
5. Jennifer Wright: The show an oi! can on the front of the building. Is that the signage? It says
signage to be permitted.
Ok, get drawings based on what the code says .
I believe we did but certainly.
No, not these, the new ones. Whatever we are changing or coming in with,
You guys agree with me on that?
Yes
We should have landscaping showing.
We do have a full set.
You do, have it?
We submitted it, yes.
I am sorry, you guys were right. I didn’t even see this one. I got so focused
on the red, I forgot about it. Ok, you are showing your detention in the back and everything here.
Landscape across Ridge. We have jandscape across the front.
Ps. 141 /June 6, 2023, Planning Meeting
Ok landscape plan, you have shrubs going across, landscaping in the front, a
good thing to look at around there, do you know where Marina Dodge is, just down the road
from you guys, take a look at the landscaping. They were working on it today. It looks like a
park. They were mulching it with an army of guys out there and it is maintained A |. See if
something like a berm out there with some landscaping on il.
We can create a landscaping contest down Ridge Road.
Ok, could you do that?
Ok. Absolutely.
Ok, if you guys are all ok, we can move forward.
Quick question about the lighting. There is a lighting plan in here that shows
four polls around the site and then four wall packs on the building. {Is there any additional
lighting that is maybe bordering the windows. Is there anything on the buildings that doesn’t
show up?
No. I know what you are referring to.
Like the car wash down the road. Completely outlined with the lights.
Nothing like that.
Ok, this is a public hearing so if there is anyone here wishing to speak for or
against this project.
As J have stated at the different meetings we have been to; we really
wanl to see them next door to us. We want to get rid of that scruffy lot and personally, I like the
red band. It matches my red band, my red and white flowers out front. It’s actually going to
blend nicely. That’s my two cents.
Your right, so what I think we will do is we are going to leave the red band,
half the size it was. (LAUGHTER)
That is what | figured you would say. (LAUGHTER) but we are looking forward
to having them next door.
Ok, thank you Mary. Ok, we will close the public hearing. Derek, you
mentioned the lights, are they down Jit? and the lights over the doors are shielded so they are not
glaring light?
Correct.
Pg. 142 June 6, 2023, Planning Meeting
Well, are you guys all alright with that, we can move to preliminary. So, what
are we asking for, modification to the red band and what else? Basically, that was it.
Are you ok with the dumpster enclosure?
Oh, you’re right, I had that comment at the PRC . Your dumpster, you have
wood, I suggested it being brick or decorative block or something. I don’t know what it is.
(not using the mic) I remember reading in the PRC comments. Its just that it needs
to be different material.
If it’s made with brick to match the building or something. These are the
little things that people notice that they don’t complain about later. They will say, look how
cheap they did this or that, you know. We already have issues with another oil change place
coming. Ok Derek, you ok with a SEQR on it.
Derek Anderson:
MOTION FOR UNLISTED ACTION
Town of Webster Planning Board considered the request by Applicant, Quattro Development to
construct a 1,600-sf oil changing facility on a 1.25-acre parcel located at 1045 Ridge Road
having SBL # 079.15-1-8.009.
The Planning Board determined that the proposed action is an Unlisted Action under Part 617:
State Environmental Quality Review (SEQR).
The Planning Board determined that the action is subject to a single agency review pursuant to
Part 617.6(b)(1} of SEQR and that it is the most appropriate agency for making the determination
of significance. The Planning Board therefore designates itself lead agency for the proposed
action,
The Planning Board has given consideration to the criteria for determining significance as set
forth in Section 617.7(c)(1) of SEQR, and has
1. considered the information contained in the Short Environmental Assessment Form Part
1 dated April 12, 2023,
2. considered public comments directed to the Planning Board during the Public Hearing on
June 6, 2023, and
3. completed Parts 2 and 3 of the Environmental Assessment Form.
NOw, THEREFORE, BE IT RESOLVED that the TOWN OF WEBSTER PLANNING
BOARD hereby determines that the proposed action will not have a significant adverse effect on
the environment for the reasons set forth in the attached Notice of Determination of Non-
Significance; be it further,
Pg. 143 June 6, 2023, Planning Meeting
RESOLVED that the TOWN OF WEBSTER PLANNING BOARD is authorized to take all
actions reasonable and necessary to file the Negative Declaration and discharge the TOWN OF
WEBSTER PLANNING BOARD’S responsibility as lead agency for this action, be it further,
RESOLVED that the TOWN OF WEBSTER PLANNING BOARD, based on the information
and analysis above, the referenced supporting documentation, and discussions of the action by
the TOWN OF WEBSTER PLANNING BOARD as documented by the Minutes for this
meeting, that the proposed action WILL NOT result in any significant environmental impacts, be
it further,
RESOLVED that the TOWN OF WEBSTER PLANNING BOARD, therefore makes a
DETERMINATION OF NON-SIGNIFICANCE, be it further,
RESOLVED, that the TOWN OF WEBSTER PLANNING BOARD, based on the above reasons
issues a NEGATIVE DECLARATION as evidence of its determination.
TAKE 5 OIL CHANGE
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE
The Planning Board has reasonably concluded the following results from the proposed action,
when compared against the criteria in Section 617.7(c):
1. The proposed action will not have a substantial adverse change in air quality since it does
not include a regulated emission source.
2. The proposed action will not have a substantial adverse change in ground or surface
water quality or quantily since the proposed action includes storm water detention
systems designed in accordance with New York State Department of Environmental
Conservation standards,
3. Water will be supplied by the Monroe County Water Authority which has adequate
capacity Lo support the action.
4. Wastewater will be treated by the Town of Webster which has adequate capacity to
support the action.
5. The proposed action will not have a substantial adverse change in potential for erosion,
flooding, leaching or drainage problems. The project will conform to NYSDEC storm
water management and control.
6. The proposed action will not have a substantial adverse change in existing solid waste
production since the facility produces minimal solid wastes.
7. The proposed action will not have a substantial adverse change in existing noise, odor or
light since the action is being developed in accordance with Town of Webster standards.
A temporary increase in noise levels consistent with normal construction activities is
anticipated when during construction.
8. The proposed action will not have a substantial adverse change, or cumulative change
since the proposed action is contained on a single parcel. Traffic generated is anticipated
to be minimal.
Pg. 144 June 6, 2023, Planning Mecting
[
9.
10.
11.
12.
13.
14.
15.
16,
17,
The proposed action will not have a substantial adverse impact on the criteria listed under
Section 617(c}(1)(ii) of SEQR because no habitats or threatened or endanger species were
identified on or contiguous to the proposed site.
The proposed action is not located in an area designated as a Critical Environmental Area
by the Town of Webster or New York State pursuant to subdivision 617.14(g) of SEQR.
The proposed action is not in material conflict with the Town of Webster 2008
Comprehensive Plan.
The proposed action will not create an impairment of the criteria listed under Section
617(c)(1)(v) of SEQR since the action is not located in or adjacent to the listed resources
and is in character with the surrounding community.
The action will not result in a major change in the type or use of energy since the action
is for the construction of a single structure housing an oil change facility.
The action will not create a hazard to human health since it does not contain nor is it
located adjacent to an existing source of hazardous substances or contaminants. Waste
oil will be collected and the site and temporally store in accordance with NYSDEC
guidelines.
The action will not create a substantial change in use of the land since the action is
consistent with zoning for the land, the existing community character, and the Town of
Webster 2008 Comprehensive Plan.
The action will not attract a large number of people for more than a few days when
compared to taking no action since the action involves the creation of nine new parcels
and does not create areas that will attract a large number of people.
The action will not create a cumulative impact on the environment as listed under
617(c)C1)(x), (xt), and (xii) of SEQR.
RESOLUTION 23-060 Derek Anderson made a motion for UNLISTED
ACTION which was seconded by Dave Malta.
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina AYE
Mrs. Wright AYE
RESOLUTION 23-061 Dave Malta a made a motion for
PRELIMINARY APPROVAL Located at 1045
Ridge Road. Applicant Quattro Development is
requesting PRELIMINARY/FINAL SITE
PLAN & SIGNAGE APPROVAL (PUBLIC
HEARING) associated with the construction of a
1,600 SF oil change facility on a 1.25- acre parcel
Pe. 145 June 6, 2023, Planning Mecting
having SBL# 079.15-1-8.009 located in an MC
Medium Intensity Commercial District under
Sections 265-7D and 269-11 of the Code of the
Town of Webster which was seconded by Derek
Meixell.
PRELIMINARY_APPROVAL
1.
ram
9. Subject to PRC comments.
2. Subject to Letter of Credit posted with the Town of Webster.
3.
4
. All the improvements shall be constructed according to the specification of the
Subject to the determination of the ZBA for requested variances
Town of Webster.
All sitework is to be in compliance with the standards of the Town of Webster.
Comply with all requirements of any State, County, or Town agency.
Address drainage, lighting, signage, landscaping, buffering, berming, and snow
storage
The landscape, hardscape, site accessories, and associated finished grading
design for the development must be prepared by a NYS licensed Landscape
Architect. The final landscape plans shall bear the seal and signature of the
Landscape Architect
Approvals are subject to Drawing No: Dated: AS PRESENTED
10. Proceed to Final approval.
11. Make the red band one half of the size of what it is today (one foot and | 4%“)
12. Dumpster to be brick or decorative block to match the building.
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina AYE
Mrs. Wright AYE
Ok, what are we looking at for the changes. Simply, the dumpster enclosure
we are talking about now and the red band. Was that it? Ok, let’s move to preliminary and we
will go from there. As far as final approval, do we want to have the drawings the final drawings
which is what we should have INAUDIBLE (members speaking at the same time) subject to. I
know at the PRC meeting they are not happy with that. They are saying they should have all that
stuff done. Right Josh?
Correct.
Pg. 146 /June 6, 2023, Phinning Meeting
So, we will give you preliminary approval tonight and then we gol drawings
with the modifications, and you will come in. They are the ones that are going to need to be
signed ultimately and then it’s all done, and we can give you final. Do you want to do that?
Will that work ok with you guys? [ don’t want to hold you up but. We have to do it the right
way. Ok, so you h ave preliminary approval. Complete your drawings with the new
modifications and bring them back.
(camera not on applicant, not using the mic) And come back in July?
Yes, whatever the next meeting. Check with Josh.
(camera not on applicant, not using the mic) It’s just going to delay, I mean if it’s just
the color of the dumpster, I mean that is an easy change.
Yes, but we don’t have a drawing showing il. 1 mean we could do that, and
we have done that sometimes in the past but then it comes back and has bitten us to.
(camera not on applicant, not using the mic) It is construction season INAUDIBLE
Yes, I got it. (Board having discussion) Ok, lets give final approval and then
just make it subject to, that there is no building permit until we have the drawings in hand and
prepared to be signed that have the modifications that were requested.
It does look like that they still bring in a sign package. Because there is
information about a stop sign in the plans but there is not any information on the monument sign
and traffic flow pattern. It has basic signage for parking and that is all that was on that one site
plan. So, they have to come back with a sign package.
But they could get started. Keep your sign as a separate and just come back
with that. This way you have your approvals.
RESOLUTION 23-062 Dave Malta a made a motion for FINAL APPROVAL Located
at 1045 Ridge Road. Applicant Quattro Development is requesting PRELIMINARY/FINAL
SITE PLAN & SIGNAGE APPROVAL (
PUBLIC HEARING
) associated with the
construction of a 1,600 SF oil change facility on a 1.25- acre parcel having SBL# 079.15-1-
8.009 located in an MC Medium Intensity Commercial District under Sections 265-7D and 269-
11 of the Code of the Town of Webster which was seconded by Derek Meixell.
CHECKLIST FOR FINAL APPROVAL
1. Subject to Project Review Committee comments
Subject to Preliminary Approval conditions.
Subject to all applicable governmental fees.
Subject to Department of Public Works approvals.
Significant construction shall occur within one year, as deemed by the
Py. 147 June 6, 2023, Planning Meeting
whey
Planning Board, to expire on 6.6.24
6. The conditions of Preliminary and Final approval are depicted on the cover page
of the final designed plans.
7. A Letter of Credit to the Town for the project shall include the fee for the
Engineer's final certification inspection of the site.
8. All storm water facilities are to be constructed first
9. All downspouts to be connected to the storm sewer system.
10. Subject to resolution of final approved minutes.
11. Approvals are subject to Drawing No: Dated: AS PRESENTED
12. Reduce the width of the red stripe to 1’ 1”
13. The dumpster shall be brick to match the building or decorative block
14. This final approval is for the site plan only and not the signage
One thing you want to make sure, and you guys know, the final of your
approval should be on the cover sheet of your drawings.
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina AYE
Mrs. Wright AYE
(Mark Giardina read the fifth application):
MARINA JEEP/EXPANSION: Located at 943 Ridge Road. Applicant Al LaRue is
requesting PRELIMINARY / FINAL SITE PLAN APPROVAL (
PUBLIC HEARING
)
associated with the construction of a 3,379 SF building addition to an existing car dealership
on a 4,82-acre parcel having SBL# 079. 15-1-22.104 located in an MC Medium Intensity
Commercial District under Section 269-11 of the Code of the Town of Webster
Appearing before the board was Al LaRue with McMahon LaRue and | am representing Marina
Dodge. John Gabriele is here tonight, and you can ask him any questions regarding the facility
and Joe Ordento from GLA Architects is here also to answer any questions. We believe we
answered all the PRC comments and addressed them on the plans and submitted them as of
yesterday. There were not very many and the key items that were addressed were the two
handicapped spaces on the southwest corner that have been eliminated. They are now three
standard spaces and the crossing proposed stripping walkway through the building has been
eliminated. Joe has indicated that there were only four handicapped spaces required so the two
at the northeast corner of the existing building are right adjacent (o the elevator and one near the
charging station and one right in front of the building and that makes the four that are required by
code.
Pg. 148 June 6, 2023, Planning Mecting
The new doors, the entrance into the repair facility that is a two lane it should eliminate in the
front, it should eliminate some of the congestion for service. Unchanged is the Jeep display area
that is going to be concrete with some made rocks where the Jeeps can be displayed on those and
what not. It is a steep slope there in any case, but it is perfect for Jeep. The entrance to that
show room is right in the front and easily accessible. The sidewalk across the front will be
extended. We are providing a 25-foot fire lane. Keeping the existing parking on the westside
because we have plenty of room for the 25-foot fire lane. Other than that, I don’t have any more
to offer and if you have any questions, I would be glad to answer.
You answered all the PRC comments.
Yes, I think you addressed everything.
I wasn’t here the last time you guys were in. What is the addition?
It is a Jeep facility, a showroom.
Alright, anybody?
We have been around the bush several times with this, and they have answered
everything that we have brought up and plus.
Yes, I wasn’t here when they came in.
I would like to commend them, John, for his landscaping tn the front. Tony illuded
to it earlier but I will tell you what, that set the standard for the way it should be. I wish there
were more like that on the end of Ridge Road. You did a great job and I think you are a real asset
to the town.
Again, this is a public hearing if there is anyone wishing to speak for or
against this application. Ok seeing none we will close the public hearing and bring it back up to
the board. Any issues?
Derek Anderson:
MOTION FOR UNLISTED ACTION
Town of Webster Planning Board considered the request by Applicant, Al LaRue, to construct a
3,379-sf building addition for Marina Jeep on a 4.82-acre parcel located at 943 Ridge Road
having SBL # 079. 15-1-22,104,
The Planning Board determined that the proposed action is an Unlisted Action under Part 617:
State Environmental Quality Review (SEQR).
Pg, 149 June 6, 2023, Planning Meeting
The Planning Board determined that the action is subject to a single agency review pursuant to
Part 617.6(6)(1) of SEQR and that it is the most appropriate agency for making the determination
of significance. The Planning Board therefore designates itself lead agency for the proposed
action.
The Planning Board has given consideration to the criteria for determining significance as set
forth in Section 617.7(c)(1) of SEQR, and has
1. considered the information contained in the Short Environmental Assessment Form Part
| dated April 19, 2023,
2. considered public comments directed to the Planning Board during the Public Hearing on
June 6, 2023, and
3. completed Parts 2 and 3 of the Environmental Assessment Form.
NOW, THEREFORE, BE IT RESOLVED that the TOWN OF WEBSTER PLANNING
BOARD hereby determines that the proposed action will not have a significant adverse effect on
the environment for the reasons set forth in the attached Notice of Determination of Non-
Significance; be it further,
RESOLVED that the TOWN OF WEBSTER PLANNING BOARD is authorized to take all!
actions reasonable and necessary to file the Negative Declaration and discharge the TOWN OF
WEBSTER PLANNING BOARD’S responsibility as lead agency for this action, be it further,
RESOLVED that the TOWN OF WEBSTER PLANNING BOARD, based on the information
and analysis above, the referenced supporting documentation, and discussions of the action by
the TOWN OF WEBSTER PLANNING BOARD as documented by the Minutes for this
meeting, that the proposed action WILL NOT result in any significant environmental impacts, be
it further,
RESOLVED that the TOWN OF WEBSTER PLANNING BOARD, therefore makes a
DETERMINATION OF NON-SIGNIFICANCE, be it further,
RESOLVED, that the TOWN OF WEBSTER PLANNING BOARD, based on the above reasons
issues a NEGATIVE DECLARATION as evidence of its determination.
MARINA JEEP EXPANSION
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE
The Planning Board has reasonably concluded the following results from the proposed action,
when compared against the criteria in Section 617.7(c):
1. The proposed action will not have a substantial adverse change in air qualily since it does
not include a regulated emission source.
2. The proposed action will not have a substantial adverse change in ground or surface
water quality or quantity since the proposed action is for a vehicle show room and the site
includes storm water detention systems designed in accordance with New York State
Department of Environmental Conservation standards.
Pg. 150 Aune 6, 2023, Planning Mecting
3. Water will be supplied by the Monroe County Water Authority which has adequate
capacily to support the action.
4. Wastewater will be treated by the Town of Webster which has adequate capacity to
support the action.
5. The proposed action will not have a substantial adverse change in potential! for erosion,
flooding, leaching or drainage problems. The project will conform to NYSDEC storm
water management and control.
6. The proposed action will not have a substantial adverse change in existing solid waste
production since the facility is a vehicle show room.
7. The proposed action will not have a substantial adverse change in existing noise, odor or
light since the action is being developed in accordance with Town of Webster standards.
A temporary increase in noise levels consistent with normal construction activities 1s
anticipated when during construction.
8. The proposed action will not have a substantial adverse change, or cumulative change
since the proposed action is contained on a single parcel. Traffic generated is anticipated
to be minimal,
9. The proposed action will not have a substantial adverse impact on the criteria listed under
Section 617(c)(1)(1i) of SEQR because no habitats or threatened or endanger species were
identified on or contiguous to the proposed site.
10. The proposed action is not located in an area designated as a Critical Environmental Area
by the Town of Webster or New York State pursuant to subdivision 617.14(g) of SEQR.
11. The proposed action is not in material conflict with the Town of Webster 2008
Comprehensive Plan.
12. The proposed action will not create an impairment of the criteria listed under Section
617(c)(1)(¥) of SEQR since the action is not located in or adjacent to the Hsted resources
and is in character with the surrounding community.
13. The action will not result in a major change in the type or use of energy since the action
is for the construction of a single structure housing an oil change facility.
14. The action will not create a hazard to human health since it does not contain nor is it
located adjacent to an existing source of hazardous substances or contaminants.
15. The action will not create a substantial change in use of the land since the action is
consistent with zoning for the land, the existing community character, and the Town of
Webster 2008 Comprehensive Plan.
16. The action will not attract a Jarge number of people for more than a few days when
compared to taking no action since the action involves the creation of nine new parcels
and does not create areas that will attract a large number of people.
17. The action will not create a cumulative impact on the environment as sisted under
617(c)C1)(x), (xi), and (xi) of SEQR.
RESOLUTION 23-063 Derek Anderson made a motion for UNLISTED
ACTION which was seconded by Derek Meixell.
VOTE:
Mr. Anderson AYE
Pg. 151 June 6, 2023, Planning Meeting
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina AYE
Mrs. Wright AYE
RESOLUTION 23-064 Dave Malta a made a motion for
PRELIMINARY APPROVAL Located at 811
Ridge Road. Applicant Amy Catalano is
requesting SIGN APPROVAL to allow the
installation of a 11.5 SF building mounted fagade
sign to reflect a new business within the Webster
Woods Plaza on a 1.26- acre parcel having SBL#
079.18-1-69.112 located in an MC Medium
Intensity Commercial District under Section 265-
7 of the Code of the Town of Webster which was
seconded by Tony Casciani.
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina AYE
Mrs. Wright AYE
RESOLUTION 23-064 Dave Malta a made a motion for
PRELIMINARY APPROVAL Located at 811
Ridge Road. Applicant Amy Catalano is
requesting SIGN APPROVAL to allow the
installation of a 11.5 SF building mounted fagade
sign to reflect a new business within the Webster
Woods Plaza on a |.26- acre parcel having SBL#
079.18-1-69.112 located in an MC Medium
Intensity Commercial District under Section 265-
7 of the Code of the Town of Webster which was
seconded by Tony Casciani.
PRELIMINARY APPROVAL
1. Subject to PRC comments
2. Subject to Letter of Credit posted with the Town of Webster (If applicable).
3. Subject to the determination of the ZBA for requested variances (If applicable).
4. All the improvements shall be constructed according to the specification of the
Pg, 152 /June 6, 2023, Planning Meeting
nin
7.
8.
9. Town of Webster.
All sitework is to be in compliance with the standards of the Town of Webster.
Comply with all requirements of any State, County, or Town agency.
Address drainage, lighting, signage, landscaping, buffering, berming, and snow
storage
Approvals are subject to Drawing No: 123 Dated: 6.2.23
Proceed to Final approval.
Was there anything else?
Actually, the last date on the map is 6.2.23 drawing number | 23
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina AYE
Mrs. Wright AYE
Ok, final approval. Josh, you ok with everything.
Yes, everything has been addressed adequately.
RESOLUTION 23-065 Dave Malta a made a motion for FINAL APPROVAL
Located at 1045 Ridge Road. Applicant Quattro
Development is requesting PRELIMINARY/FINAL
SITE PLAN & SIGNAGE APPROVAL (PUBLIC
HEARING) associated with the construction of a 1,600 SF
oil change facility on a 1.25- acre parcel having SBL#
079, 15-1-8.009 located in an MC Medium Intensity
Commercial District under Sections 265-7D and 269-1 1
of the Code of the Town of Webster which was seconded
by Tony Casciani.
CHECKLIST FOR FINAL APPROVAL
I.
Subject to Project Review Committee comments
2. Subject to Preliminary Approval conditions.
3. Subject to all applicable governmental fees.
4. Subject to Department of Public Works approvals.
Py. 153 /June 6, 2023, Planning Meeting
5. Significant construction shall occur within one year, as deemed by the
Planning Board, to expire on 6.6.24
6. The conditions of Preliminary and Final approval are depicted on the cover page
of the final designed plans.
7. A Letter of Credit to the Town for the project shall include the fee for the
Engineer's final certification inspection of the site.
8. Subject to resolution of final approved minutes.
9. Approvals are subject to Drawing No: 1 23 Dated: 6.2.23
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina AYE
Mrs. Wright AYE
(Mark Giardina read the sixth application):
INDOOR / OUTDOOR RECREATION COMPLEX IMPROVEMENTS: Located at 701
Phillips Road. Applicant Chud Nation, LLC is requesting PRELIMINARY/FINAL SITE
PLAN APPROVAL (
PUBLIC HEARING
) associated with various site improvements to an
existing recreational facility on a 2.90- acre parcel having SBL# 065.03-1-8 located in an IN
Industrial District under Section 269-11 of the Code of the Town of Webster.
Appearing before the board was Rob Galbright and I am council for Chud Nation. Chud Nation
is the contract vendee to purchase the current property Jocated at 701 Phillips Road. Really this
matter came up when we were doing our due diligence with the respect to the purchase. My
clients wishes to continue to have the same use as currently on the property with a minor change.
The current use is a permitted use in an industrial district which is both indoor and outdoor
recreational sports facilities which also consists of a batting cage, indoor facilities and a paint
ball course located on the outside of the property. The one change that my client would like to
make with respect to the property would be that they add an indoor airsoft course utilizing
removeable walls and panel. So, as in addition to that, what they would like to have general
plans with respect to the refurbishment of the property including the plantings, the parking, and
all of exterior which right now, after visiting the site which many of you have seen, needs
extensive upkeep. So, I have Dave and Scott Carey who are both local here in Rochester and
they would be happy to speak to that or if you have any questions from my standpoint before we
go forward, I would be happy to answer any questions that you may have generally with what we
are looking for. If I could say, just one other things is that we are looking for the final approval
as to continue the use at the subject site and we understand with respect to screening and or
fencing and any changes to that affect will require permits at that time and we would do those
permits but this is part of our due diligence with respect to our INAUDIBLE to purchase the
property,
Pa. 154 /June 6, 2023, Planning Meeting
I know the building. Iam familiar with it over there. Is there anything that
you are doing to it right away?
I will let David Carey speak to that.
(handing out packets to board and discussing packets) As you can see, [ compared
our thoughts this evening as Rob said, (board members speaking and unable to hear applicant
speaking clearly) this is part of our diligence we have a purchase contract but we wanted to make
sure that we could proceed with some of the improvements and continue with the uses and
develop it and bringing it up to date with kind of more contemporary uses that are in the plan so .
If you turn to page 2, the way that we organized it, it has model to introduce ourselves and tell a
little bit about ourselves and why we are here. We will take you through the plan property
improvements which will be on two slides. There is one with the photographs and hence the
reason why I gave you the iPad you can open it up and Jook a little closer and see as it is. Those
photographs are fresh from last week, so they are not from a long time ago. We will walk you
through some of the things we are thinking about (board members speaking, hard to hear
applicant) and the investments we are looking to make. We will tell you a little bit about the
business plan that we are in the process of developing and what kinds of uses we see and finally
we will just touch on the financial capacitates and exactly how we are going about this and that is
the way we have outlined it and of course we would be ready to do any Q & A that we can do at
this point and time. So, in terms of ...
Let me interrupt you for just a second. Specifically, what are you here
expecting this evening?
I want to make sure that the board and the committee here sees that the uses that
we intend to make of the property, once we complete the transaction in accordance with the
existing use because | don’t want to buy something and Scott doesn’t want to buy something that
in fact, you say no you can’t do that.
I think specifically, from a legal standpoint, I am not sure that we even have to be
here, but the question was raised since we were potentially changing the use slightly to include
airsoft as to whether we would be able to continue to go forward. This is a very minor change.
The use under the code under section 17 & 18 of the Industrial section of your zoning code, these
uses are permitted uses and primarily what we would like to do is confirm that this use is a
permitted on the property to add airsoft and an interior course within the property with respect to
the development of the property, that would be something that if we would do that in the future it
would be adding primarily fencing, paving, things to that affect but those issues are not really
relevant here. What is relevant here is a final approval that the use is acceptable to the Planning
Board.
The only thought I have about airsoft is, ] mean it is a big area inside the dome
for sports. Airsoft, it’s kind of a small area for airsoft in general and ] don’t know if it’s
dangerous because you have those little and 1 don’t know what airsoft is shooting, those little
Pe. 155 June 6, 2023, Planning Meeting
pellets and I don’t know, it seems like more of an insurance liability then a town use because to
me airsoft is a sport, it’s a sports complex so if you are practicing baseball or soccer or playing
airsoft it would seem that there all the same things. The only question I have about airsoft, is the
safety and insurance risk, I guess. To play that sort of game in a relatively small area.
If I could with respect. I think that is part of the business plan from my clients
standpoint is as to that issue. Of course, there is all sorts of safety equipment related to using
airsoft and it sounds like you are pretty familiar with it. A lot of kids have them and it is
something that is around with a lot of people. There wouldn’t be mixed uses if airsoft is being
done inside the facility at any given time. So, the interior of the building is approximant 25,000
square feet which is a fairly significant size from an interior standpoint. That is really what we
are looking at with respect to that.
] don’t know that that is this board determination whether airsoft is safe or not
in that size building
It’s a sporting event. You can do what you have to do with it. My concern is,
what are we doing here? Is there site plan approval of some sort. It is an existing business there
but...
(camera not on them) We would continue the business.
I remember when there was batting cages; tennis courts before that; indoor
athletics; soccer and everything else. So, what are we doing with it now. Is it all just paintball or
whatever?
Applicant (camera not on him) speaking but not at the mic... INAUDIBLE
And J don’t have an issue with that. That is your safety issue. You are the
one who has to carry the insurance for something like that. My concern is your exterior, the
maintenance of the project . It is run down and beat to hell and that needs to be fixed up before
we do anything.
Dave can speak to that as to what their plans are with the exterior which | think is
their investment with respect to that property.
There was a time actually, they even went to Xerox to get approval for a
parking space . (Everyone speaking at the same time) INAUDIBLE What are we doing with it, I
guess.
Let me take you through the steps very quickly. You all know the status of the
property out there and it is adjacent right to the beautiful Webster Rec Center that has been built
and all the athletic facilities out there. So, it is a bit of an eye sore, right now and you probably
may know that it went into a lax receiver ship with the town over unpaid taxes for 5 years and
Pg. 156 June 6, 2023, Planning Meeting
was repossessed by the current owners who were the prior owners to the owner that didn’t pay
the taxes. So, they bought it out of a tax lien and had to make good on 5 years’ worth of property
taxes to the township and take ownership and now they are looking to sell it which Scott and I
stepped into that set of shoes and actually now to put some investment back into the property so
the long and short of this is, Scott and I are locals, and we are from the area as well. Scott started
a very successful laundromat called The Timesaver Laundry Company that is over in Fairport
right across from Wegmans on Pittsford Palmyra Road and there is a couple of snap shots on that
first page showing you the kind of quality that he brings in his design. He is a designer by nature
and so he designed that store. It is a 72-machine store and has been in operation now for 10
years and it looks like the day it was built. In terms of the customers experience when they walk
in. So, there is a website there and I invite you to be a customer and also to just take a peak and
get a fee! for the kind of people and businesspeople that we are. Myself, I am in the family and
obviously I am the father. I am a retired corporate executive having spent 45 years in the
telecommunication and energy industries and started my career at AT& T and just finishing in a
few short months back at T-Mobile where I was the #2 guy as an executive Vice President
accommodated the transaction and turned T-Mobile around over a course of 9 years based out of
Bellevue Washington and then we acquired Sprint and rolled it into T-Mobile and turned that
into the #1 carrier for mobile services here in the US. So, we bring a little bit of business acumen
to the table and when we saw this asset, Scott is an avid airsoft player and travels around the
country to these different venues, indoor and outdoor, and has been looking in the area because
there is nothing indoor . There is an outdoor facility up in Hamlin, which is basically an old
farm and then you have to travel to Buffalo for an event to go to the , it’s an old park out there,
what do you call it? An amusement park basically so 25,000 square feet is actually, for an indoor
facility, a pretty good size and so, when we saw this property come onto the market on a Friday,
we jumped on it and there was a lot of bidding activity to it, but we were the successful bidder on
itand which you will see the financials on the back .
For those of you who are not familiar, ] just invite you to look through those papers. The place is
pretty much a wreck on the exterior. The good new about the property itself is that the major
dome is actually in very good shape. The roof which 1 was concerned about, we have had that
inspected and it is in good shape. The other wooden structure out there which is an adjacent
attached building which people kind of travel through for retail purposes and so on is structurally
in good shape and we will have to gut it basically and reformate it for the purposes for the sports
that we hope to host there. The outdoor field with paintball was prior to thal it was a sand
volleyball court and prior to that it was tennis courts and prior to that it was a farm. It is pretty
much a disaster, so we are going to go and clear all that off and probably have to regrade the
property, pul new fencing around il, screening on it 10 protect from wind and obviously sports.
Whatever happens to be out there, balls etc. from flying outside the property.
We will probably have to put a lot of what ] will call, landscaping into the property as well and
particularly on the back side where it faces up towards the rec center to give a kind of appealing
look to the property and so some things along the sideline and in the front as well. There is a
Frontier central office on one side of the property as you might know and a body shop on the
other so Frontier does a nice job on the landscaping there, but we will have to dress up that
Pe. 157 Aune 6, 2023, Planning Meeting
driveway. The parking situation and actually the quality and the surface, it needs a total re-do so
we have a paving contractor that we are beginning to do our diligence within terms of how many
parking spots we can have on that property and obviously we will have to repave and resurface
the whole thing.
So, the building, the structures right now, decent shape but will have to kind of bring all the
painting and extertor visuals of those up to snuff because they are pretty well deteriorated down
and bring the landscaping up and make that a much more appealing site and for us a much more
valuable piece of property so there is a fair amount of work to do to be very candid about it.
So, let me just interrupt you for a second, what is our guarantee that these
things are going to be done before you make this paintball! court?
Well, ] would assume that if I come in with site approvals for the different things
that I will need permits on and agree to do them, it is just like any other business transaction to
where there is development, you approve it and J take the risk on my capital to do it . If I don’t
do it, then I don’t know what you recourse is.
I just want to see that the project is done properly and in respectable
condition.
Mr. Chairman, that is why we offer testimony with regards the way we run other
businesses in town. We are in the process of acquiring another major restaurant in town and 1
can’t tell you what that is just yet and we hope to close that, and we have been working on that
for almost a year now before the end of the summer. We tend to operate very substantial kind of
businesses that are in a quality way so I guess the key to that question, what is the biggest
problem that most people run into in terms of fulfilling on these kinds of things when they come
to tell a story and typically it’s money so this transaction, we are buying the property in a cash
transaction for $860,000 dollars and we anticipate that it will take a half a million dollars just to
put it the way we want it. It could be more, and it could be Jess, we are not sure yet, but we have
that and plenty of cash reserve in order to do that. There is no third-party financing involved in
any of what we are proposing. It is all done out of our own personal assets. So, the biggest
obstacle | think that most people have is not the willingness to do something, it turns out to be a
financial ability to do it and that problem, fortunately we don’t have.
So, if the approval is given for the change of use for what you are proposing
to use it for, the paintball thing, you would be putting that in now?
Well, what we would do is get the sequence of events down. If we walk away
from here with your guidance and say yes, which you are proposing to use the facility for which
is consistent with the current use permit, we will go forward and close the transaction with the
current owners. Then we will have to begin the detail you know, get the fencing contractor, get
the paving contractor in, the interior remodel contractor in, the painters in and get all those prices
Pg. 158 /June 6, 2023, Planning Meeting
and pull it together in a budget and then proceed with approval with where we need permits to
execute the work and then manage it to it’s full...
So bottom line this boils down to just getting the approval for the change of
use in a sense.
Yes, that is exactly right.
Basically, the same thing.
Yes, I just don’t want the risk of going and acquiring a property for all cash like
this only to come to find out that there is some hiccup here that we can’t use it for the intended
use .
Is there something from a legal perspective or a liability about putting in air
soft? I am just asking. I don’t see why there is. ] am sort of questioning because was it
advertised as a preliminary and final site plan? Because all we are really doing is saying yes you
can play airsoft in a sports facility.
That is all } am asking for at this point. The liability, just because you have brought
that point up a couple of times, obviously that would be a major element of the business plan.
We have already talked to the insurers for the property point of view and also from the sports
games point of view including INAUDIABLE for airsoft so 1 am comfortable and wouldn’t be
here today if 1 didn’t think I could cover the liability risk through the insurance policies.
I don’t have a concern with it because airsoft is a sport.
Josh, is this being referred to because it is in an industrial district?
Yes, so there is a prevision in the code. Any change of use in the industrial district
needs an industrial use permit from the Town Board. There is a provision in the code that allow
for the Planning Board to approve minor changes and deviations from use. So, rather than have it
go to multiple board meetings, I figured it fit under that provision of the code so yes, it is more of
a conformation that the Planning Board is comfortable with this addition of this airsoft use which
is very similar to what had been there previously.
So, should this be called preliminary/final or just a modification to the use?
It could be a modification to the use of the property.
We still have a public hearing but in terms of naming it something . A change
of use from an athletic event in an industrial zone, that’s all.
It’s a continuation of use with minor modification.
Josh, what section of the code is that?
Pg. 159 Aune 6, 2023, Planning Meeting
Jt is 350-22 (7), D7.
Rob Galbright (camera not showing who is speaking) If I could, I believe this is a
permitted use under the code and the modification is literally just a modification under the
section that Josh just said.
Yes, I don’t see where it needs preliminary and final site plan.
That was my point Dave because it is already an approve use.
But they are making changes to the site, but we need to see that to do the
preliminary and final site plan.
They are not make changes to the site yet. What they want is simply to know
that they can continue they can use if as they are proposing, that’s it.
Including airsoft, which to me is still a sport and it’s being used as a sports
complex so.
You already have a field of shooting people with some sort of projectile. It’s
pretty much the same thing.
Josh, this application is about the usage, correct?
Correct. I guess...
(EVERYONE SPEAKING AT ONE TIME)
These guys just want to hear it from the town so that they can close the deal
on it.
Absolutely correct. This came up on our due diligence and when we did our due
diligence what was permitted and when we spoke to Josh, he said this might be a minor change.
(Anthony Casciani having conversation with Kyle Taylor)...that is two motions, and we can
make one motion to approve the use of it and call it just approving the proposed use, that’s all.
Mr. Chairman, I think you are correct in that analysis.
I think that is all you are looking for. I am trying to find simple words in this
thing without a preliminary and final the way it is advertised would be two different motions for
what, you know.
So, could it be a modification to the existing industrial use permit?
Pz. 160 June 6, 2023, Planning Meeting
We can always INAUDIBLE that contemplates the preparation of a site plan to be
submitted along with the proposed change in usage.
There is no change of use though.
If [ could, I am not sure this is subject to an industrial special use permit because
it is a permitted use. It is a minor modification of a permitted use that has been allowed prior to
this so I don’t think that it is a new permit that is being asked for because a special permit isn’t
actually required...what is required of a special permit standpoint....a permitted use under your
code as it is currently, as I read it and I could be wrong in my interpretation was this was a
permitted use as a sport facility. What requires a special use were other items than the permitted
use.
We are not referring to a special use permit within the code even permitted uses
you have to get approval from the Town Board in this instance, well, what I am trying to get at,
is the usage actually changing or not?
No in our opinion, it’s not.
BOARD MEMBERS SPEAKING OUT ALL AT ONCE
So, can I just ask a few operational related questions. What would the hours of
operation be for this type of facility?
Typically, these types of facilities would run in the evenings or mostly on Friday,
Saturday, and Sunday. Big game days with airsoft are on Saturday and Sunday. That is just the
way it works, and it typically is 11-5 and then occasionally there is an evening session as well.
Another question that popped up just to anticipate it was, will there be any liquor served on
premises and the answer is no. We will not be applying for a liquor license.
Does this jend itself to like tournament large style larger scale events ever?
No, in some particularly outdoor ones, when you are going to do a tournament
style which is multiple teams (HARD TO HEAR, BOARD MEMBERS HAVING
DISCUSSIONS) playing over the course of a couple of days they do that at the old Genesee
Army Depot; they do it out in Buffalo at the amusement park. A facility like this is not geared to
that. This is like daily game play basically in addition to the other sports that INAUDIBLE but
in particular to this one.
And it is open to the general public?
It is open to the general public. It is not a club.
Pg. 161 Aune 6, 2023, Planning Mccting
Ok, suppose we do this then, suppose we move forward, and we have to find
some “cute see” words to fit this thing. It is not a change of use. It is a continued use as an
athletic field, building, structure with a modification to the sport use of it, that’s it. Something
like that. Because preliminary final isn’t going to make it. The alternative as we were just
saying, just don’t do anything with it, go ahead and do it but Tam sure that they want something
on their records to show that they have been to the town and got some clarification on it, right.
We would appreciate it.
Could that be a letter?
We have to OK that though.
Simply say that it is a motion for continued use.
Do you have some fancy words?
I could read the SEQR resolution and use the same
You probably got it in there, go ahead. Actually, this doesn’t even need
SEQR.
Yes, it does. Anything we do at this point.
At this stage.
Anything we do at this point needs SEQR.
Well, knock yourself out.
Derek Anderson:
RESOLUTION
Town of Webster Planning Board considered the request by Applicant, Chud Nation, LLC for
various site improvements to an existing recreation facility on a 2.9-acre parcel located at 701
Phillips Road having SBL # 065.03-1-8.
The Planning Board classifies the proposed action to be a Type II Action under Section
617.5(c)(1) of the State Environmental Review (SEQR) Regulations and therefore is not subject
to further review.
Pg. 162 June 6, 2023, Planning Meeting
;
RESOLUTION 23-066 Derek Anderson made a motion for TYPE Il
SEQR which was seconded by Jennifer Wright.
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina AYE
Mrs. Wright AYE
Is this a public hearing or not?
Well, you know what, it’s published that way so yes. Do you want to speak to
it, come on up. I am sorry, J should have gotten that before.
(DID NOT SIGN IN) | own the property directly north of this property that the
applicants are here for, 695 Phillips Road, and I have a few questions about the operation of the
business. First of all, the hours of operation. In the past, the other owners had hours that were
crazy and all over the place. They have had DJ’s in there at 10 to 2:00 o'clock in the morning. I
wonder if there is going to be sound equipment in the building. This building ts basically a steel
structure with skin over it and it has no sound installation at all. I have a two-family house that
is directly north of this property, so that ts one of my concerns.
Another concern is the traffic, I get probably 10-12 turnarounds every Saturday and Sunday
from this property because people cannot find the entrance to this property. ft has made it to the
point where I had to put cones out in my driveway so that the people stop pulling in and I have
actually had office go by my office at 35 MPH up the tower road and try and turn around in my
lawn because signage is completely inadequate over there. It is not anywhere near their
entrance and their entrance is apparently hard to find. The other issue the lighting. I don’t
believe there was a lighting plan for the batting cages ever put in place and I asked the town
about that one when the batting cages were put in and they installed lighting and I was told that
they were not going to use the lighting, but the lighting is there, and they do use it and it is
pointed directly at my house. So, those are the three major things that Lam concerned about.
The traffic situation, the noise situation, and hours of operation and the lighting situation over
there. There has been nights where the lighting was never turned off. It’s been on all night so.
It's a two-family house that I have, and it has been there since I purchased it in 1987. I came
before this board in 1987 and I don't think any of you were here except maybe Tony Casctani
and I made concessions to the Webster Tennis Club about noise because they were an outdoor
clay court, and they don’t like the noise from the collision shop and made concessions, so Lam
looking for concessions here.
Pg. 163 /June 6, 2023, Planning Meeting
You made some good points. What we will do is...you had the entrance sign,
the lighting and what was noise
From professional DJs coming in with equipment
So, these wil! be things when you come in with a drawing showing what you
are proposing to do with the site and the modifications to it that you want to address. ] am aware
about what you are talking about entrance there. You don’t see it until you go by it. That could
be addressed with a sign in front or something like that and defining it but right now it is not in
any kind of decent shape. Ok, thanks Dan, appreciate it.
Good to meet you Dan, we haven’t met before. Let me just answer a few of his
questions and I think he will walk away feeling a little bit better. This is not going to host DJ
events so there won’t be any major kind of sound system put into the dome facility. Not for the
purposes that we are using it and | am not sure how recent that was done but we can talk about
that later. We can talk about that later. That is currently not part of our plan. The lighting is
pretty much disrepair around the property right now so that is all going to have to be part of the
redevelopment and some of it may be reappointing or ....
Once you come in for approval on site drawings, that is when you are going
to address all those things. (BOTH PARTIES SPEAKING AT THE SAME TIME)
But I believe they are all addressable and would not be in conflict with Dan’s
needs.
So right now, what we should do.... Is there anyone else wishing to speak?
Ok, if no one then we will close the public hearing and bring it back up to the board. Just
come up with a couple of words.
All we are going to do is approve the modification of the use.
A different type of athletic use.
But then we are going to want them to come in with a site plan.
Yes, the would have to come back in with drawings.
We are not doing preliminary and final.
Correct. This is just saying they can continue using or not continued, it will
continue to be what it was intended for, an athletic....
We will use it as it is today and if we change it, which we plan to do, then we
come back and seek your approval on various permits and site plan review.
Pg. 164 June 6, 2023, Planning Meeting
So, what words, it could be as simple as what, Mr. Attorney.
Approving the continued use as an indoor/outdoor sport facility.
Ok, we are going to approve the use as an indoor/outdoor use facility and
then future modifications will be presented for sketch plan, well, preliminary approvals at the
time.
And that use includes airsoft...because the change was from paintbal) to airsoft
Yes, we can put that in there from paintball to airsoft.
Airsoft indoors not outdoors. Airsoft indoors only.
RESOLUTION 23-067 Dave Malta a made a motion for
PRELIMINARY APPROVAL Located at 811
Ridge Road. Applicant Amy Catalano is
requesting SIGN APPROVAL to allow the
installation of a 11.5 SF building mounted facade
sign to reflect a new business within the Webster
Woods Plaza on a 1.26- acre parcel having SBL#
079.18-1-69.112 located in an MC Medium
Intensity Commercial District under Section 265-
7 of the Code of the Town of Webster which was
seconded by Anthony Casciani.
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr, Casciani AYE
Mr. Giardina AYE
Mts. Wright AYE
(Mark Giardina read the seventh application):
G & H AUTO SALES: Located at 1021 Five Mile Line Road. Applicant Haldun Ince is
requesting PRELIMINARY/FINAL SITE PLAN APPROVAL (
PUBLIC HEARING
)
associated with the construction of a 6-space car display parking area for an existing used car sales
dealership on a 0.74-acre parcel having SBL# 079.18-1-1 located in an CO Commercial
Outdoor Storage District under Section 269-11 of the Code of the Town of Webster.
Appearing before the board was Haldun Ince and | am the owner of business and property. The
project manager could not attend so I have to represent. So, I am requesting six parking lot
Pe. $65 /June 6, 2023, Planning Meeting
spaces in front of the building on the existing car dealership. We already have the zoning appeal
approved so.
We went through this, and he has his variances.
There is what, six cars going in the front, right.
Yes
Nothing bid or complicated. Just to the north of you there are trees and ] saw
what you were talking about one day there. You are coming down the road and those trees are
there and then you come around the trees and then there is your trees. So, you don’t see it until
you have passed the driveway.
To stay competitive with the businesses you have to have some display in front of
the building.
Ok, you guys have any issues with this? You guys looked at it.
We looked at it really good the last time it was here.
Tony, it’s a public hearing.
Richard Thaddeus Jr. (DID NOT SIGN IN) at 1017 Five Mile Line Road and I think the trees he
is making reference to belong to us honestly and not that those won’t be an issue or would hope
for those not to be an issue in future I would say. I think the point that I am trying to get out is
during the last phase of the project, last autumn or summer I believe it was. We had concern
with the project going forward so quickly. My fiancé particularly had concern and she called,
and I believe it was the Town Board maybe, regardless, she said and prior to the next phase
going forth she had been told that there was supposed to be a fence installed so that is where our
concerns lies now ts that there is no fence yet.
In the rear of the property?
Pianeé to Richard Thaddeus Jr: The part that goes around the building is like right next to our
living room window and there is no fence in there at all. Like when they are pushing snow, they
are not necessarily putting the snow in our yard but all the gravel and everything gets pushed up
towards our yard so we were kind of hoping that there would be a fence put in there before they
go onto the next stage. That is what we were concerned about.
Was there a fence originally considered for there? Did you have a fence going
in there. You never proposed it, right?
As I said, that is what was told to her when she called.
Pg. 166 June 6, 2023, Planning Mceting
Fiancé to Richard Thaddeus Jr: | was told that the project had been approved the January
before and they were given at least a year to get all the parts together and so when I called, I
believe it was the fall so I was like ok, there are few more months’ worth that they could possibly
do the fence in so that is what I was told on the phone.
So, this project was...this did come back to the Planning Board for some site plan
modification in 2021 and part of that was requested at that point was to expand the parking area
in the back.
And that is when she called sir in regard to when that was happening, we
had concern because we seen that it was going forward, and I knew the next stage of the process.
And to their point, that site plan did include a 5-foot fence so if it hasn’t been
installed.
Richard Thaddeus Jr, and fiancé: With where we reside, we have a lot going on right now in
regard to cleaning up the lot and landscaping. We are trying to do it ourselves and that is a lot
with my paralysis and her working always but regardless, we do know....we just want to know if
there is going to be a fence. And on the corner of Five Mile and Ridge there, it would be nice to
have some kind of...
So, you are 1017?
Yes
So, you are saying there was a fence that was originally supposed to in
Richard Thaddeus Jr. and fiancé: That is what I was told on the phone.
Ok, do you know how long it was supposed to be?
Richard Thaddeus Jr, and fiancé: That part I didn’t know the details.
Maybe just where the cars were parked because at the time going back then.
Well, a lot of it is about the part that went around the building
because like I said, that comes right to our property line, right near our living room window.
What does?
Richard Thaddeus Jr. and fiancé: The parking that goes to the back of the property. I guess they
had to get approval to get it to go around the building because there was no other way to do it, 1
suppose.
Pg. 167 /June 6, 2023, Planning Meeting
Richard Thaddeus Jr. and fiancé: There is a driveway sir that is like goes around the building on
the side of the garage and that comes right up to our property line, literally comes right to the
property line.
So, Josh, wouldn’t that be on the approval to the last modification?
Yes, it is shown on the site plan. It shows a 5-foot fence starting roughly where the
front wall of the building is so that would screen the area that you are concerned about.
And how long is that fence?
Well, I would say it is probably, without having a scale, it is a good 225 linear feet
maybe.
So, it is the whole length of the lot line.
Starting from the front wall of the house all the way back to the rear...
Yes, that is a deep lot. The lot is 316 feet so if you go to the house, that is
probably set back 50-6- feet .
There is still a big tree line toward the back of the lot?
Richard Thaddeus Jr. and fiancé: There is and that is stuff that we are working on and having
taken care of. There is one big tree that we have to take out this summer. We have help with
family for a lot of other things like I have a brother who works at Birchcrest, and he came and
was doing some work with tree trimming just a few months back. Regardless to that being said,
there is a lot of down limbs and things piled up that we have been working on and cleaning the
yard. We have to hire someone just to come in and take it.
I was just wondering if there was some kind of buffer back there to. The long of
the short is, was this deal was approved with a fence being installed and the fence needs to be
installed. I don’t know how we would do anything different. That is all part of the approval for
the last modification.
So, it is from the back line to the front line of the house.
To me it sounds excessive.
Well, that is what was approved, and the point is, it was never done. It has to
be done as part of this or it should be done before approval is actually given on this.
1] would go with that.
Pg. 168 /June 6, 2023, Planning Meeting
Personally, I think the fence should be installed before we consider any
approval on any additional work on the site. Because [ even remember the original discussions
on this thing. There will be no parking in the front.
Yes, we talked about that, and it was only because he never asked for parking in the
front and I didn’t want cars parked all over the grass and the same thing here, even though we are
going to give him parking spot in front, I still don’t want to see any cars parked on the grass.
I would have to say, before we give any approval on this that the fence has to
go up first because of the conditions in the original approval have not been met so, it’s been
what, over a year since it was supposed to go in. Is that approval still valid?
I am sorry, I don’t remember that being a part of the project, but I don’t have any
problem putting a fence there.
So, opposed to him having to come back in, can we approve it, the plan and
then he can get started with it, but he can’t park cars and can’t use it until the fence ts in.
That is fine.
At least you can keep it going. Does that work ok with you guys. I mean this
way, we don’t have another meeting for a month and this way he could have someone put the
fence in, in a week. So, will give you the approval, final approval for it or preliminary final and
then just make it subject to the fence being installed before you can park out there but meanwhile
you can pul the parking lot, ok.
Sure, ok.
That actually works to his benefit because they changed the fence rules since
this was here.
What was that?
The changed the fence line.
I will go along with it, but J have my doubts.
What recourse is there?
Well, he gets no permit.
So, who is going to police that? Is it us driving by?
Pg. 169 June 6, 2023, Planning Meeting
No, the building inspector would have to know that that it is up before he
gives him the permit. Ok, we have to do a SEQR on it.
Derek Anderson:
RESOLUTION
Town of Webster Planning Board considered the request by Applicant, Haldun Ince to construct
a 6-space car display parking area for an existing car dealership on a 0.74-acre parcel located at
1021 Five Mie Line Road having SBL # 079.19-1-1
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 23-069 Derek Anderson made a motion for TYPE II
SEQR which was seconded by Dave Malla.
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr, Giardina AYE
Mrs. Wright AYE
| have a question, are you looking for the sign approval as well ?
| already have the sign approval.
RESOLUTION 23-070 Dave Malta a made a motion for
PRELIMINARY APPROVAL Located at 102!
Five Mile Line Road. Applicant Haldun Ince is
requesting PRELIMINARY/FINAL SITE
PLAN APPROVAL (
PUBLIC HEARING
)
associated with the construction of a 6-space car
display parking area for an existing used car sales
dealership on a 0.74-acre parcel having SBL#
079.18-1-1 located in an CO Commercial Outdoor
Storage District under Section 269-11 of the Code
of the Town of Webster which was seconded by
Tony Casciani.
Pe. 170 /Fune 6, 2023, Planning Meeting
;
PRELIMINARY _ APPROVAL
1. Subject to PRC comments
All the improvements shall be constructed according to the specification of the
Town of Webster.
All sitework is to be in compliance with the standards of the Town of Webster.
Comply with all requirements of any State, County, or Town agency.
No automobiles will be parked in the grass area in front of the display area.
There will be no loading or unloading of vehicles on Five Mile Line Road. You
have to be on your site or at least off the road.
7. Must construct fence as it was in the prior approval before the building inspection
will give you a building permit to use the front area.
awe»
Is there a specification on how long and how high the fence needs to be?
The fence has to comply with the town code.
Whatever the fence was.
1 am just saying, how long it needs to be.
As it was approved.
Yes, so 1 don’t have an exact measurement of linear footage, but it is to start
even with the front wall of the garage and proceed to the rear of the property.
Ok, just put that in there then.
And it is a 5-foot-tall privacy fence.
So, from the garage back to the rear line.
So, from the front wall of the garage to the back property line and 5 foot high.
You could go for 6 if you would like but...
Five is the minimum?
Five is what was approved and six is a more standard size fence, so it is up to
you.
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Pe. 17) Mune 6, 2023, Planning Meeting
Mr. Casciani AYE
Mr. Giardina AYE
Mrs, Wright AYE
RESOLUTION 23-071 Dave Malta a made a motion for FINAL
APPROVAL Located at 811 Ridge Road.
Applicant Amy Catalano is requesting SIGN
APPROVAL to allow the installation of a 11.5 SF
building mounted facade sign to reflect a new
business within the Webster Woods Plaza on a
1.26- acre parcel having SBL# 079.18-1-69.112
located in an MC Medium Intensity Commercial
District under Section 265-7 of the Code of the
Town of Webster which was seconded by Mark
Giardina.
CHECKLIST FOR FINAL APPROVAL
1. Subject to Project Review Committee comments
2. Subject to Preliminary Approval conditions.
3. Subject to all applicable governmental fees.
4. Subject to Department of Public Works approvals.
5. Significant construction shall occur within one year, as deemed by the Planning
Board, to expire on 6.6.204
6. The conditions of Preliminary and Final approval are depicted on the cover page
of the final designed plans.
7. Subject to resolution of final approved minutes.
8. Approvals are subject to Drawing No: Dated: AS PRESENTED
VOTE:
Mr. Anderson AYE
Mr. Kosel ABSENT
Mr. Malta AYE
Mr. Meixell AYE
Mr. Casciani AYE
Mr. Giardina AYE
Mrs. Wright AYE
Alright, you are all set. You can start doing the work, you just won't be able
to park the cars, but it gives you the opportunity to get the job done. The day the sign 1s done
you are probably not losing a day.
I appreciate it.
Thank you for being a good neighbor and [ guess it was in the approval before
and for putting the fence in. Thank you for doing that for the neighbors.
Py. 172 une 6, 2023, Planning Meeting
Mark Giardina read the eighth application):
Located at 1242 Lake Road. Applicant
Matt Lester is requesting SKETCH PLAN REVIEW associated with the expansion of an
existing 640 SF detached accessory structure on a 3.26-acre parcel having SBL# 050.05- 1-10
located in an R-] Single Family Residential District under Sections 269-5 and 350-36 of the
Code of the Town of Webster.
Appearing before the board was Evan Gefell with Costich Engineering and I have Matt Lester
here and I am representing him for the property at 1242 Lake Road. So, as stated, (SHOWING
ON THE PLANS) the existing garage is located on the western property line and Matt is
looking to expand the footprint by 25 feet towards the south towards Lake Road in order to put a
second story addition on top as a living space while the renovate the primary structure. We do
need some variances and they were previously granted on the existing structure and that would
be the setback to the western property line and the setback because the structure is located in the
front of the primary structure. So that is a quick overview of the project and again we are here for
sketch plan, and we are geared up to go to ZBA next.
I am the owner of the property and I just want to let the board know that I did share
this plan with my immediate adjacent neighbor Bonnie and then Doctor Raul two doors away
and he also has a detached garage, and they gave me a text of support Dr. Rau! and the Russell’s
now and Bonnie was happy to support the project so I f that could be part of the consideration for
the recommendation. | just wanted to let you know that my neighbors that would be most
affected are in support of this as well.
Good! Nice job with it. Want to rent it? (LAUGHTER)
It’s beautiful.
| don’t have any issues with it. You did a nice job with it. This is just for
personal use, right?
Yes (not using the mic)
Is everyone ok with it? It doesn’t get any nice looking than that. It’s been nice
having you come in and waiting all this time.
] guess we are just asking for a recommendation,
Matt Lester; We are hoping you can provide a letter of recommendation to the Zoning Board.
Why do you need a variance?
It is for increasing the front set back because we can not have the accessory
structure in front of the primary structure so that was previously granted on the current structure
Pe. 173 June 6, 2023, Planning Meeting
now so now, we are increasing that request for 25 feet. The side setback was granted originally.
We are not getting any closer, so we don’t really need anything on that. It is just we are putting
the addition, so it needs to be covered by that.
It’s not an accessory structure, it’s a garage
It is a combination of ...
What did we do with that was recent, it was a carriage house not to long ago.
I can not recall that one or the one you are describing but basically because they are
expanding something that was previously granted variance it has to go back to the Zoning Board
of Appeals because they are increasing the size of it.
Ok, so the variance, the letter should basically be that we are supporting the
increased size of a previously issued variance for this project.
Right, it is set back off the road quite a ways.
Ok, we can do that.
The only concern that the town had, and I think you may have verified, we just
want to make sure that the expansion to the north doesn’t impact the sanitary sewer line.
It will not. It is on the design drawings that we did, and I think it was a comment to
that the sewer district here wants a 20-foot easement on it. So, the only thing going to the north is
the covered patio porch. (EVAN SPEAKING TO MATT LESTER) Matt Lester speaking but
not using the mic.
| think that is the force main and the Sewer Department is requesting an additional
El] pump for the generator. I just wanted to make sure that you were on the same page.
Have you got a copy of the PRC comments?
Yes
Py. 174 June 6, 2023, Planning Meeting
Minutes were approved for May 2, 2023 by Mark Giardina
and seconded by: Dave Malta.
With no other applications before the Board this evening Anthony Casciani concluded tonight’s
meeting at 9:15 PM.
Respectfully Submitted,
su Lek, A hee La—— Dated AEE
Mark Giardina, Secretary
Katherine Kolich, Recording Secretary
Pe. 175 Aune 6, 2023, Planning Meeting