RESOLUTION NO. ___ OF 2026 THE WEBSTER TOWN BOARD TO APPROVE A HARDSHIP EXEMPTION FROM LOCAL LAW #2 OF 2026, DEVELOPMENT MORATORIUM, ASSOCIATED WITH THE PROPOSED DINKS AND LINKS PROJECT AT TAX ID#079.10-1-2.3 AND 079.10-1-1.11 At a regular meeting of the Webster Town Board of the Town of Webster, Monroe County, New York, held at the Town Board Meeting Room, 1002 Ridge Road, Webster, New York on the 6th day of August 2026 at 7:30 p.m., there were present: Supervisor Alex Scialdone Councilman Nicholas Hunter Councilman John J. Cahill Councilwoman Jennifer S. Wright Councilman Garrett Wagner The following Resolution was offered by ___ and moved its adoption: WHEREAS, the Town Board adopted Local Law No. 2 of 2026 on June 4, 2026, establishing a Moratorium on certain permits and approvals to maintain the status quo during the Town’s Comprehensive Plan and zoning law update; and WHEREAS, Section 9(B) of Local Law No. 2 of 2026, requires an applicant seeking relief from a Moratorium to demonstrate, by clear and convincing evidence, including dollars-and-cents proof, that the applicant is unable to make any reasonable use of its property, causes irreparable injury, and that denying relief would be unreasonable and unjust; and WHEREAS, the Town Board has reviewed the applicant’s submission and finds that the applicant has met the standards of Section 9(B), and acknowledges that under Section 9(C), relief from the Moratorium only permits the applicant to proceed with required approvals and does not exempt the project from any application laws or regulations; and WHEREAS, the applicant for the proposed Dinks and Links project requested administrative relief from the Moratorium for properties at Tax ID# 079.10-1-2.3 and 079.10-1-1.11; and WHEREAS, the Town Board has considered the standards for granting relief under Section 9(B) of Local Law No. 2 of 2026. NOW, THEREFORE, BE IT RESOLVED: That, the Town Board makes the following findings: 1. The applicant has demonstrated, by clear and convincing evidence including dollars- andcents proof, that the Moratorium prevents reasonable use of the property. 2. The applicant has demonstrated that the Moratorium causes irreparable injury.
3. The applicant has demonstrated that denying relief would be unreasonable and unjust. 4. The Board finds that granting limited administrative relief is consistent with Section 9 because it solely exempts the application from the Moratorium and does not waive compliance with any other applicable laws or approval requirements. BE IT FURTHER RESOLVED: That the Town Board hereby grants limited administrative relief from the Moratorium for the proposed Dinks and Links project located at Tax ID# 079.10-1-2.3 and 079.10-1-1.11. This relief allows the applicant to proceed with applications for all required approvals but does not constitute project approval or approval of any permit, site plan, subdivision, special permit, variance, building permit, SEQR determination, or other required action. The applicant must compliance with all applicable land use regulations and approval requirements in effect as of the date of this Resolution. Seconded by ___ and duly put to a vote, which resulted as follows: VOTE ON MOTION: Supervisor Alex Scialdone Councilman Nicholas Hunter Councilman John J. Cahill Councilwoman Jennifer S. Wright Councilman Garrett Wagner
AYE/NAY AYE/NAY AYE/NAY AYE/NAY AYE/NAY
MOTION CARRIED/DENIED Enter: August 6, 2026 _________________________________ DANENE M. MARR Town Clerk Town of Webster