Town Board Agendas & Minutes

Webster Town Board December 5, 2024 A regular meeting of the Webster Town Board was called to order by Supervisor Flaherty at 7:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York, with the following officials present: Supervisor ................................................................................ Thomas J. Flaherty Councilwoman ........................................................................... Patricia T. Cataldi Councilman....................................................................................... John J. Cahill Councilwoman ............................................................................ Ginny L. Nguyen Councilwoman ...........................................................................Jennifer S. Wright Town Attorney............................................................................... Charles Genese Town Clerk .................................................................................. Danene M. Marr Department Heads Present: Finance Director.................................................................................Paul Adams Community Development Director.................................................... Josh Artuso Personnel Director .................................................................... Brayton Connard Town Engineer ............................................................................. Keith Mortimer *** Supervisor Flaherty led the Pledge of Allegiance to the Flag. *** Supervisor Flaherty invited Matt Chatfield, Executive Director Webster Economic Development Alliance and his family to come forward to the podium. Mrs. Christy Chatfield read a prepared speech appreciative of the eleven years her husband put forth for the Webster community. She expressed how Matt has served the position with the utmost passion to help the people of Webster, the business owners, the leaders, and most importantly the families who choose to live here. She thanked the Board for what WEDA has done for Matt and giving him the opportunity to find a job that can light his inner drive to truly make a difference. Supervisor Flaherty read the following proclamation. Proclamation for Outstanding Public Service Presented to Matt Chatfield WHEREAS, it is the intent of the Webster Town Board to recognize the outstanding efforts, contributions, and leadership within our Town. For a decade, Matt Chatfield has been serving the Webster community through the Webster Economic Development Alliance (WEDA), bolstering economic progress in our area; and WHEREAS, Matt first joined the precursor to WEDA—Webster Community Coalition for Economic Development—as an Economic Development Specialist in 2014. In March 2015, he was promoted to Executive Director of WEDA; and 1 12-05-2024  Webster Town Board WHEREAS, Matt has brought a wealth of knowledge to the Town of Webster through his professional career. Prior to his service through Webster Community Coalition for Economic Development and WEDA, he worked in the private sector as a Planner and Landscape Architect for Bergmann Associates and Clough Harbor & Associates. Matt holds a Master of Urban Planning degree from University at Buffalo and a Landscape Architecture degree from Penn State University. His background has served our community well; and WHEREAS, since 2014, WEDA—led by Matt—has secured $15,187,769 for projects and initiatives in the Town and Village of Webster. This funding has supported impactful projects in Webster, including Ridge Road sidewalks, the West Webster Hamlet revitalization study, and Sandbar Park revitalization/REDI projects; and WHEREAS, Matt was heavily involved with Greater Rochester Enterprise and other local efforts to help attract Project Izzo, now known as the fairlife® project, to Webster. In addition, he has championed efforts to improve transportation infrastructure in the Town’s industrial area, including the redevelopment of portions of the former Xerox site by obtaining a Brownfield Opportunity Area (BOA) designation, also known as the Reimagine Webster initiative; and WHEREAS, Matt’s partnership with the Town of Webster through WEDA has ensured that economic growth is advocated for in our community. We are grateful for his service. NOW, THEREFORE BE IT RESOLVED: As the Supervisor of the Town of Webster, on behalf of the Webster Town Board and the entire Webster community, we extend our sincere wishes to Matt as he embarks on the next chapter of his career. December 5, 2024 Thomas J. Flaherty, Town Supervisor Matt Chatfield expressed his sincere gratitude to both the Town Board and the Webster Economic Development Alliance Board of Directors for the trust and confidence that they have placed in him during his tenure. Matt expressed his thanks, particularly to his father, Peter Chatfield, for teaching him at a young age, what it means to volunteer and use his gifts and talents to give back to the community. Lastly, Matt thanked his wife Christy for her unwavering support during the past eleven years, always being his biggest cheerleader. *** Supervisor Flaherty announced a Public Hearing to pursue a Restore New York Funding Request for West Webster Hamlet Revitalization, specifically, properties located at 600 Ridge Road and 602 Ridge Road. At 7:42 p.m. Supervisor Flaherty opened the Public Hearing. Andrew Geiser, a Webster Resident, in favor of pursuing additional funding to restore the West Webster Hamlet, but requested consideration to preserve the historical character of the old Furniture Stripper building. At 7:44 p.m. the Public Hearing was closed. *** 2 12-05-2024  Webster Town Board Resolution No. 341: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to approve the November 21, 2024 Town Board Workshop Meeting Minutes as submitted by the Town Clerk. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 342: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to approve the November 21, 2024 Town Board Meeting Minutes as submitted by the Town Clerk. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 343: MOTION by Councilman Cahill, seconded by Councilwoman Wright, to approve the bills as submitted in Warrant #1224 by the Director of Finance. Fund Inside Outside Total General (A,B) CL #4043-4215 108,935.89 52,357.90 161,293.79 Highway (C,D) 41,825.27 7,476.98 49,302.25 Sewer (G) 27,800.00 87,192.78 114,992.78 Library (L) 51,681.98 7,249.44 58,931.42 Drainage Districts (M) 13,665.71 0.00 13,665.71 Park Districts (P) 6,040.00 66.00 6,106.00 Special Districts (N,Q,S) 0.00 2,970.30 2,970.30 Trust & Agency (T/A,TP,XM,XD) 0.00 418,799.48 418,799.48 Capital Projects (H) #182-196 H211 Finn/Gravel Stormwater Pond 11,250.00 0.00 11,250.00 H216 Lodge at Sandbar Park 1,098.50 0.00 1,098.50 H223 Lake Rd West End Drainage 2,456.70 0.00 2,456.70 H224 Sandbar Shoreline Protection 1,377.00 0.00 1,377.00 H230 Redi Sandbar Flood Wall 476.30 0.00 476.30 H231 WWTP Upgrade Phase II 2,705,691.61 0.00 2,705,691.61 H232 Highway Garage Building 1,427,395.17 0.00 1,427,395.17 H237 Coca-Cola/ fairlife 471,250.92 520,275.67 991,526.59 TOTAL 4,870,945.05 1,096,388.55 5,967,333.60 Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** 3 12-05-2024  Webster Town Board Resolution No. 344: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to approve the prepaid vouchers included in Warrant #1224 by the Director of Finance in the amount of $1,096,388.55. [Included in the summary of vouchers approved in Resolution #343] Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 345: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to approve purchase orders as submitted by the Director of Finance. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 346: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to permit the placement of “No Parking” signs at the conjunction(s) of Klem Road and Hojack Trail in the Town of Webster, pursuant to authority granted by Sections 1651 and 1652-a of the New York State Vehicle and Traffic Law. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 347: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to approve the issuance of a Fill Permit pursuant to Section 201 of the Webster Town Code for property owned by Mr. Steve Philiponne located at 1496 and 1536 Ridge Road, Tax ID Nos. 080.02-1-47 and 080.02-1-54 with the following conditions: • Applicant is responsible for driveway permit from NYSDOT for access on to NYS Route 404 (Ridge Road). • Revise Grading Note #6 on Fill Permit Plan, sheet 01A to read: ‘Highway drainage along Ridge Road to be maintained by NYSDOT’. • Revise plan to include Silt Trench detail. • Submit a short version SWPPP and obtain NYSDEC Notice of Intent. • Provide five-day notice to Engineering Department prior to commencing work. • All slopes graded no steeper than 2:1 (2’ horizontal to 1’ rise). • All grading work is to be completed on the applicant’s property only and not alter grades and/or drainage on adjoining properties with the highest point of the final grade not exceeding the adjacent elevation of the site. • The project shall not adversely affect surrounding properties. 4 12-05-2024  Webster Town Board • Maintain erosion and sediment controls as stated/depicted on Fill Permit Plan, sheet 01A. If additional measures are deemed necessary by the Town, the property owner shall comply. • Comply with the Town of Webster Noise Ordinance. • Allow Town access during the project to review site progress and conduct SWPPP inspections. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 348: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to apply for Restore New York Funding to benefit an area of Ridge Road in the Town of Webster (an area formerly known as West Webster), specifically properties with addresses currently known as 600 and 602 Ridge Road. WHEREAS, the 2024-25 New York State Budget has provided new funding for the Restore New York Communities Initiative and given Empire State Development the responsibility of implementing this program for the purpose of revitalizing communities and stabilizing neighborhoods; and WHEREAS, municipalities, defined as cities, towns, and villages, have been invited to submit a Request for Funding Proposal for any project to demolish, deconstruct, rehabilitate and/or reconstruct vacant, abandoned, condemned and surplus properties; and WHEREAS, in order to be eligible for such funding, a Restore NY Application must be certified by the chief elected official of each such municipality, and must, as part of such Application include a Property Assessment List, among other pertinent items and documents; and WHEREAS, such Property Assessment List must be published in a local daily newspaper either in print or online for three consecutive days, and evidence of such publication must be included in the Application; and WHEREAS, a Public Hearing is required to be held to discuss the Restore NY Application and the Property Assessment List; and WHEREAS, an applying municipality’s legislative body must pass a resolution finding that the proposed project is consistent with the municipality’s local revitalization plan; and WHEREAS, a Resolution must be passed finding that the proposed financing is appropriate for the specific project, that the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources; and WHEREAS, a Resolution must be passed finding that the project develops and enhances infrastructure and/or other facilities in a manner that will attract, create and sustain employment opportunities where applicable; and 5 12-05-2024  Webster Town Board WHEREAS, the Town Board has considered and is considering an Application to sponsor a project to demolish and/or rehabilitate a targeted area of (old) Ridge Road in the Hamlet of West Webster and, which project includes and involves two vacant properties totaling over 10,000 square feet at the northeast and northwest corners of (old) Ridge Road and Gravel Road in the Hamlet formerly known as West Webster; and WHEREAS, it appears that the age of the structures involved and the size of the lots involved have made these buildings functionality and economically obsolete, resulting in high vacancy rates; and WHEREAS, the Town of Webster has identified the revitalization of the area formerly known as West Webster to be a priority in its most current Comprehensive Plan; and WHEREAS, the Town of Webster has undertaken a Revitalization Planning Study that was completed in June 2023, which identifies this intersection, and the improvement of properties in its vicinity as the primary focus area, as expressed by the Community; and WHEREAS, a significant concern is the vacant, abandoned and asbestos/lead contaminated properties at 600 Ridge Road, and the property across the street on an adjacent corner at 602 Ridge Road, both of which will need to be significantly rehabilitated to meet contemporary standards for commercial and residential uses; and WHEREAS, a Notice of Public Hearing was published in three consecutive editions of the Daily Record on November 25th, November 26th and November 27th, and posted on the Town’s website and on the Town Clerk’s Bulletin Board at 1000 Ridge Road, Webster NY; and WHEREAS, the Public Hearing to consider the proposed application to seek Restore New York Funding for the area of the Town formerly known as Webst Webster, specifically the vacant, abandoned and asbestos/lead contaminated properties at 600 and 602 Ridge Road was held by the Town Board on December 5, 2024 at 7:30 P.M., and all interested persons having had an opportunity to be heard at the Public Hearing; and WHEREAS, a short Environmental Assessment Form (EAF) for the proposed action has been prepared, and has been submitted to the Town Board and reviewed by the Town Board: NOW, THEREFORE, BE IT RESOLVED: 1. That the notice of hearing was published and posted as required by law, and it was otherwise sufficient. 2. That the only interested or involved agencies are the Town and the State offices to which the Town must apply for the requisite funding. 3. The proposed action is an “unlisted” action under the New York State Environmental Quality Review Act. 6 12-05-2024  Webster Town Board 4. That the Town of Webster has assessed the potential environmental significance of the proposed actions, that the same will not have a significant effect on the environment based on the criteria established by the New York State Environmental Quality Review Act and the regulations thereto, in fact, will improve, rehabilitate and enhance the environment, human and community resources involved, and as such, the Town Board of the Town of Webster issues its declaration of non-significance for such proposed actions. 5. That all the property and property owners and the hamlet formerly known as West Webster shall be benefitted thereby. 6. That the proposed project, i.e., rehabilitation of the subject properties, (the “Property Assessment List”) to-wit: Site 1: Owner – Town of Webster 600 Ridge Road SBL 078.20-1-11 Site 2: Owner – Louis Buddy LLC 602 Ridge Road SBL 078.20-1-16 is consistent with the Town’s local revitalization plan. 7. That the project facilitates effective and efficient use of existing and future public resources, promotes both economic development and preservation of community resources. 8. That the project develops and enhances infrastructure and/or other facilities in a manner that will attract, create and sustain employment opportunities where applicable. 9. That it is in the public interest that the Town of Webster apply for Restore New York Funding for the above properties and therefore, the Town Board approves an Application to sponsor a project to demolish and/or rehabilitate a targeted area at the intersection of (old) Ridge Road and Gravel Road in the Hamlet of West Webster and, which project includes and involves the above five mentioned vacant properties totaling over 18,000 square feet centered around the intersection of (old) Ridge Road and Gravel Road in the Hamlet formerly known as West Webster, and authorizes the Supervisor to certify the list of properties above to be included within such Application. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 349: MOTION by Councilwoman Wright, seconded by Councilwoman Cataldi, to authorize the Town Supervisor to sign an Intermunicipal Agreement (IMA) with New York State Department of Transportation for Snow and ice Control Services. WHEREAS, New York State Department of Transportation (“State”) owns, operates, and maintains a highway system in the Town of Webster (“Town”); and 7 12-05-2024  Webster Town Board WHEREAS, the State desires to enter into an Intermunicipal Agreement with the Town for snow removal and for salting and treating State roads for the purpose of removing the danger of ice and snow; and WHEREAS, the Town has the appropriate snow and ice removal equipment and sufficient snow and ice control personnel to contract with the State for snow and ice control services: NOW, THEREFORE, BE IT RESOLVED: 1. The Town Supervisor is authorized to sign an Intermunicipal Agreement with the New York State Department of Transportation for providing snow and ice control services on the State highway system located within the Town of Webster. 2. The State agrees to reimburse the Town for the provision of said services under a lump sum reimbursement contract. 3. The term of the Intermunicipal Agreement shall be for a period of five (5) years beginning July 1, 2024 and expiring on June 30, 2029. 4. The parties agree that there shall be an annual adjustment to the rates as set forth in the Agreement on file in the Town Clerk’s Office. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 350: MOTION by Councilwoman Cataldi, seconded by Councilwoman Wright, to authorize the Town Supervisor to sign a one-year Agreement ending December 31, 2025 with Pilato Entertainment, Marketing & Media LLC for publication of the Town magazine, Webster Today, for an amount not to exceed $46,000.00, inclusive of postage. [Copy of the Agreement to be filed in the Office of the Town Clerk] Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 351: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to refer McAlpin Industry’s proposed project at 875 Publisher’s Parkway to the Planning Board for the purpose of Site Plan Review. WHEREAS, Matt McAlpin (McAlpin Industries, Inc./M and M RE Properties LLC) is/are the contract vendee(s) of real property located on the south side of Publishers Parkway, west of Hard Road, and north of State Route 104, consisting of 25.65 acres and known as Tax Account Number 079.06-1-32.123; and WHEREAS, the lands are in an OP Core Area North-Office Park District; and 8 12-05-2024  Webster Town Board WHEREAS, it is proposed to develop a portion of the 25.65 acres of these lands by constructing a LIGHT MANUFACTURING and WAREHOUSE BUILDING as shown on a CONCEPT plan entitled “PUBLISHERS PARKWAY – Manufacturing Warehouse" dated November 2024, as prepared by COSTICH; and WHEREAS, pursuant to the Code of the Town of Webster, Section 350-21(C)(1), a use of land(s) within OP Core Area North – Office Park, intended for construction of an enclosed warehouse and/or light manufacturing and/or wholesale purposes require a Special Use Permit; and WHEREAS, pursuant to the Code of the Town of Webster, Section 350-21(C)(H)(1), any proposed development in the OP Core Area North-Office Park District must be reviewed and referred by the Town Board to the Planning Board prior to the sketch plan conference with the Planning Board; and WHEREAS, the objectives as set forth in Code of the Town of Webster, Section 350-21(H)(1) appear to have been met; and WHEREAS, the proposed action is an “unlisted” action under the New York State Environmental Quality Review Act: NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board finds and determines that the proposed development is designed to meet the following objectives: (a) The plan is conceptually sound in that it meets a community need. (b) The plan encourages sound development in the interest of safety and general welfare of the public. (c) The plan shows a development pattern in harmony with the Town Comprehensive Plan. 2. The Town Board consents to any request of the Planning Board that the Planning Board be designated as the lead agency for coordinated review procedures for the proposed development under the New York State Environmental Quality Review Act. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 352: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to cancel November 7, 2024, Resolution Number 320, to set a Public Hearing for December 5, 2024, on the Progressive Development District (PDD) amendment for addresses known as 985, 987, 991 and 1013 Ridge Road and identified by Tax Account Numbers 079.15-1-34, 079.15-1-16.001, 079.15-1-16.002 and 079.15-1-16.003, collectively known as Ridge Commons. 9 12-05-2024  Webster Town Board Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 353: MOTION by Councilwoman Wright, seconded by Councilwoman Cataldi, to authorize the Town Supervisor to sign an extension of the Campus Construction Management, Inc. Project Coordinator Services for the Coca-Cola/fairlife project for the Town of Webster, not to exceed $142,000 and extending to December 31, 2025. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 354: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to approve and add to the Town of Webster Employee Handbook, under Employee Benefits, Section Number 820, “Retirement System Buy-out” as submitted by the Director of Human Resources. 820 Retirement System Buy-out Union Employees – An employee who is a member of a collective bargaining unit is not covered by the Retirement System Buy-out provisions set forth below and should refer to the applicable collective bargaining agreement. Eligibility – A full-time employee or Town Supervisor who is a retiree of the New York State Retirement System may receive a cash buy-out in lieu of enrollment in the New York State Retirement System. To be eligible for the retirement system buy-out, the employee or Town Supervisor must provide documentation that they are not mandatory members of the retirement system in a manner and form to be determined by the Town and sign an appropriate waiver of membership in the retirement system and waiver of liability to the Town. Part-time, Temporary, or Seasonal employees as defined in Policy 200 Employee Classifications are not eligible for this benefit. Amount of Buy-out – The amount of the annual buy-out will be calculated each preceding December based on the published average contribution rate for the applicable retirement system (Employee’s Retirement System or Police and Fire Retirement System) multiplied by twenty- two percent of the budgeted salary amount of the particular employee, rounded to the nearest one thousand dollars, or as determined from time to time by Resolution of the Town Board. Method and Form of Payment – Payment of the buy-out will be made in twenty-six equal installments over a twelve-month period which will commence at the time retirement system membership is waived. This payment is in addition to the compensation and/or salary to which the employee is otherwise entitled and will be treated as part of the employee’s gross income and will be subject to the appropriate withholding for income and payroll tax purposes. 10 12-05-2024  Webster Town Board Reinstatement – In the event the employee choses to rejoin the New York State Retirement System, the buy-out payments will cease and the Town’s contributions to the retirement system will resume. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 355: MOTION by Councilman Cahill, seconded by Councilwoman Nguyen, to enter contract negotiations on the EMS agency, Penfield Volunteer Ambulance, as recommended by the EMS Committee. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Supervisor Flaherty announced a Public Hearing to consider the establishment of a Progressive Development District (PDD), at 799 Holt Road (former Lumber Yard site). Supervisor Flaherty stated that this Public Hearing is just the beginning of the process that potentially has four more Public Hearings if it proceeds. Additionally, the Town Board is not voting on this tonight, since it is unknown what the Webster residents and the general public are going to say. We are continuing to get things mailed, called in, and emailed to us and the Board will need time to gather all this information. At 8:09 p.m. Supervisor Flaherty opened the Public Hearing. Alex Scialdone, a Webster resident, stated his family enjoys using the Webster Trail system. Alex is opposed to the consideration and there has been a lot going on with development in the Town and we need to just cool it on the development and see what everyone wants to do. A quick Google search will reveal plenty of options for senior housing and low-income housing in the area. Alex is tired of seeing all the bulldozing of all the nature that we have in our area, and he doesn’t want that option being taken away from his children. James Laragy, a Webster resident, stated he is concerned about the environmental impact loss of green space and the development would affect that natural environment of the wetlands and woodlands that are currently protected under the Environmental Protection Overlay District. It is crucial that these areas be preserved for the health of the environment and for future generations. This project would increase traffic congestion by constructing 361 residential units, including a multi-story apartment building, it will undoubtedly lead to increased traffic congestion on already heavily trafficked Holt Road. The local infrastructure is not equipped to handle such a significant increase in traffic. It will impact property values and community character; the scale and nature of this development could result in a decline in property values in surrounding residential areas that shift from low density residential character to a more urbanized setting with high-rise apartments would negatively affect the aesthetic appeal of the neighborhood and reduce the overall livability for residents. We must ensure that our zoning laws reflect the community’s 11 12-05-2024  Webster Town Board values of preservation and responsible growth. There is a 146-page Town of Webster Comprehensive Plan, and he stated the Town should follow it and not change the zoning. It is important to carefully assess whether there is a real community need for this particular type of development. Vacancies in existing senior housing facilities suggest that there may not be an immediate demand for 361 new units. Additionally, the shift from senior housing to more general income restricted apartments due to changes in state law (recent proposal one on the ballot) could alter the projects intended purpose and lead to increased pressure on infrastructure and services, meaning more children enrolled in the school system, and increased taxes, more police, increased population leads to more crime. Dave Malecki, a Webster resident, stated regarding the PDD at 799 Holt Road, he read the Town Code and sees the Progressive Development District status should make it easier for the Town and the developer to come to an agreement. The suggestions Mr. Malecki has for this parcel relate to improving walkability. First, a direct connection to the Hojack Trail should be made. Second, a sidewalk along Holt Road should be made. AARP, the nation’s largest nonprofit, nonpartisan organization dedicated to empowering Americans 50 and older has a “Walk Audit Tool Kit Worksheet” available online if you want to see what makes a location walkable. My neighborhood gets a grade of “D” on their worksheet. Your goal should be to get an “A”. Visit their website at aarp.org/nywalks. John LaGambino, a Webster resident, stated the Board should respect the Comprehensive Plan process. The land in question has been identified on previous plans as significant green space. With the plan update imminent, this is the wrong time to change the EPOD. Jerry Goldman, Attorney for 799 Holt Road, LLC, stated the property in consideration is approximately 67 acres and we are proposing a maximum density of 361 units on this particular site. The use of the PDD in the Office Park has been something which has become part of what has been done in this Office Park District over the course of the year. Most of the development which has occurred within the OP District has been this type of residential development. To put an Office Park here, would probably be inconsistent with what is going on with the rest of the development in the area. We have been sensitive to wetland areas maintaining a lot of contiguous wood lot areas as well within the concept plan. Now understand this is a concept plan, this has to go through a process with the Planning Board for full site plan review, back to this Board as the Supervisor noted, for a special permit. One of the major improvements for this project is the construction of a dedicated road on this site to connect with Abigail Way and essentially provide an East West connection parallel to Route 104. This is something which has been desired by the Town for quite some time to relive traffic and pressure. A lot of what we have heard, both at the November 7th meeting and since has basically been that we should put this property on ice if you will, until the completion of the Comprehensive Plan process. This would be an 18-month process and often suggests code changes that generally can run a full year in terms of taking place. The Town Board does have to take a look at the plan and determine whether at a threshold level to send it to the Planning Board for review and analysis. I can tell you we are not fully engineered on this. This is a concept plan, it could be that the density may turn out to be less, may turn out that some of the buildings may be in different places a little but, that will be flushed out through the Planning Board process and we’ll come back to this Town Board for a special permit. But the Town Board is supposed to take a look at three criteria as part of the PDD, one is that the project is conceptually sound, in that it meets a community need. 12 12-05-2024  Webster Town Board To that extent, we have a letter from Rose Gabriele-Angell, who is a Real Estate Broker in the market establishing that in fact, there is a market demand for senior housing. Second criteria is that the plan encourages sound development in the interest of safety and general welfare of the public. In essence, the road connection is in the interest of safety and general interest of the public. Third, is that the plan show a development pattern in harmony with this chapter and the comprehensive plan. The Comprehensive plan is a 2008 document, but as well takes into the account the development which has occurred subsequent to that time. The Railroad Crossing at Cambridge Court, you take Legends to the east, you take Monarch to the west, that essentially is the pattern and that provides the comprehensive plan if you will, supplementing, the 2008 plan it does provide for that pattern. Andrew Geiser, a Webster resident, stated he is a 21-year resident and is 21 years old, and believes his age brings a unique perspective. Stop selling our future. Andrew doesn’t see how providing senior housing is going to benefit the welfare of the Town. Andrew is a student at the University of Rochester and studies ecology. The non-human residents of Webster, the flora, the fauna, even the land, matters just as much as everyone here in this room matters, just as much as the entire residence of the Town of Webster. Just down the road from where this property is being proposed is a bird sanctuary. Webster is an important flyover spot, it’s home to wildlife such as deer. Recently Woodland Fishers have been re-spotted in the region after their populations were decimated due to the development like the proposed senior living project. Andrew asked, “When is enough?” Andrew loves this Town but doesn’t love the seemingly endless development. We have to have an eye towards the future, and eye for what his life is going to be in Webster in 30 years if he chooses to have children, what their life is going to be, and the quality of life in this Town where life is worth living depends on access to green space. We can’t keep pretending that cutting this little parcel here and cutting that little parcel there, will not have an effect because eventually there’s going to be nothing left for water filtration, there’s going to be nothing left for wildlife and the Town will become dead and sterile. As this process continues, both the Board and members of the community must consider the costs of unfettered development and how that’s going to influence the immediate future and the far future for our kids and for our grandkids and so on. Janice Jackman, a Webster resident: stated it’s refreshing to hear someone talk about flora and fauna and not just buildings and development. Webster does site itself as being the place where life is worth living. She challenges Webster to also be known before it’s too late, to be the place that welcomes conservation, that welcomes protection of wildlife. She would like to know what conservation efforts are being made in addition to parks. She’s interested in real conservation efforts when we talk about a property that may be 70 acres deep, instead of just talking about the apartments and the parking and the signage, what steps are being taken to work on the behalf of conservation, corridors, preservation of trees. Montreal is a city that is preserving dead and diseased trees, because it ends up becoming home to over one-fifth of birds who make nests, along with squirrels and raccoons. She wants to encourage Webster to follow suit and not just be the land of eternal development. These animals suffer every time a plot of land goes to a developer. What are the steps you are taking to preserve life of all forms. 13 12-05-2024  Webster Town Board Dan Freund, a Webster resident, stated that he urges the Board to reject the proposed PDD. We need to pump the brakes on this development. Why are we specifically developing in a sprawling way into wooded areas, places with lots of flora and fauna, do we really need endless development, do we need more senior housing? Twenty years from now, the people that it’s claimed this project is for, will all be gone and so we’ll have 361 two-bedroom apartments that we probably don’t really need considering there are a ton across the street, and the road that is going over to Hard Road, there are a ton more there. When does it end or will Webster become like West Ridge Road in Greece. There is real value in just not developing everything into the ground, and we should respect the Comprehensive Plan and reject this PDD. Stephen Daly, a Penfield resident and an attorney from Citizen Environmental Law PLLC, stated he is speaking here tonight on behalf of a group of Webster residents known as the Webster Citizens for the Preservation of the Hold Road Lumberyard Forest. By design, the designation of a new PDD is a form of spot zoning in that it is essentially a service to benefit a single landowner or a single parcel. It’s allowed though if and only if it’s found to advance the Town’s larger goals and planning objectives. The Town Code therefore sets forth three criteria that need to be satisfied in order to establish a new PDD. First, it needs to meet a community need, second it needs to be in the interests of the general welfare of the public and third it needs to be in harmony with the Town Zoning Ordinance and its Comprehensive Plan. As proposed, the PDD for 799 Holt Road cannot satisfy any of these three criteria, let alone all of them. First, the proposed PDD is not in harmony with either the Town Zoning Ordinance or its Comprehensive Plan. There is already an overlay district at 799 Holt Road and then there is a woodlot Environmental Protection Overlay District (EPOD). The Town Code states that an EPOD is a sensitive environmental area the applicant proposes to overlay a new large senior housing development on top of this sensitive environmental area that is not in harmony with the Zoning Ordinance nor is the proposal in harmony with the Town’s 2008 Comprehensive Plan. The Comprehensive Plan addresses the very area where this project is proposed in the Core Office Park area, it stated that there are undeveloped parcels in the core area such, as the property, and those include wetlands and woodlot areas which should be preserved in their natural state. We saw the plans a few moments ago that Mr. Goldman stood up here and showed us once again, and that was not preserving the wood lot in its natural state or the wetlands that are present on that property. Second, until a few moments ago, there was no evidence whatsoever that the proposed PDD meets a community need. The applicant proposes 361 new residential units for the 55 plus generation. They proposed to do so in an area on Holt Road where there are already two senior living facilities directly across the street. The applicant has not supplied any information until tonight which I have not yet reviewed but I’ll submit that the presence of market demand is not synonymous with community need. Third, the proposed PDD is not in the interest of the general welfare of the public. The proposed PDD will not benefit any more than one single landowner and developer. Meanwhile, the Town at large will lose more of its vanishing green space. There are approximately 3,000 acres of undeveloped green space in the Town at risk of conversion. This project puts two percent of that green space at risk. As he mentions, there’s a woodlot EPOD already on this property. There’s Federal jurisdictional wetlands as well and it’s also located next to the Hojack Trail, which is part of the Town’s trail network. The project as proposed cannot satisfy the requisite criteria for approval as a PDD. There’s another reason why this proposal should not move forward, the Town has just started on the process of updating its Comprehensive Plan, with an estimated completion date of mid-2026. The Comprehensive Plan was prepared sixteen years ago, simply put, the Town of Webster is not 14 12-05-2024  Webster Town Board the same place it was sixteen years ago. Recall the three criteria for establishing a new PDD, it needs to be a community need, it needs to be in the interest of the general welfare, and it needs to be consistent with the Comprehensive Plan. In other words, how does the proposed PDD fit in with the Town’s current goals and planning objectives, answering that question is immeasurably harder if not impossible without an updated Comprehensive Plan to serve as a guide. The interpretation of how development has unfolded in this area is not a guide for this Board to render its decision. We ask that the Town Board put this proposal on hold until the process of updating the Comprehensive Plan is completed. Barb Kassenoff, a Webster resident, stated she moved to Webster from the city of Rochester for two things; she didn’t want to stare out her window directly into her neighbor’s window and the school district. She depicts and boasts of lush, wooded backlots and all of the nature which she gets to enjoy on display. This is what you get when you move to Webster and enjoy the wildlife. Unfortunately, over the thirty-five years living here, we’ve seen a lot of clearcut, a lot of cookie cutter houses. It pains her as a trained biologist, you need to recognize that Webster is directly underneath a bird migration flyway over Lake Ontario for the entire Noth American continent. We need more than just Webster Park. If you look on your cell phone at the 799 Holt Road address, Google maps has a satellite image the entire western parcel that we’re talking about clearly shows from a Google map satellite image there are multiple creeks. I do not see how you can develop a large multistory building with extra roofs and solid parking surfaces and avoid all kinds of drainage issues. Why would you want to pave over or build on top of a wetland, this is shortsighted planning. Please pay attention to the conservation requirements that are in the Comprehensive Plan that my very expensive real estate taxes have paid for, for the last thirty- five years. Diana Davis, a Webster resident, stated that she wanted to address a couple of points that Mr. Goldman made, the PDD’s being used, quite frequently in the Office Park District, to put in senior living facilities just because there’s senior living facilities in every direction, a precedent has been set, well, just because there has been a precedent set, doesn’t mean it was necessarily a good precedent, when you consider the amount of office park zoning that has been converted to senior living facilities over and over again. For her, it feels like there’s enough of it. It seems like it's being used as sort of a little loophole to maximize the developer profit margins, rather than what it should be used for, as a tool in order to allow the Town Board to meet a community need. We don’t need to wait for a new Comprehensive Plan, we should not approve this proposal because it does not meet the three requirements for a PDD. Diana stated that she called around and there are vacancies in all of the senior living facilities that aren’t income restricted. If you do restrict the income, then, due to Prop One on the November election ballot getting approved, we will have fallout where you cannot discriminate against age, so people can dispute that it is considered senior living and goes against their civil rights. Referencing what Mr. Goldman stated that building a new road is good for the community as it meets a public need. It’s only meeting a public need because you are building 361 more units, just don’t build those units and there won’t be a need for the road. Regarding the Comprehensive Plan, you either need to use the one you currently have, or you need to wait for the new one to be created. 15 12-05-2024  Webster Town Board Scotty Linn, a Webster resident: stated she is here for the trees. The value of preserving old growth forest speaks far beyond the immediacy and value to the present day residents, it speaks to the respect of future residents who will appreciate and benefit from the preservation of those trees. As a heavy park user, she is awestruck every time she walks through our parks and sees hundreds of years old beach, basswood, oaks, maples, and cherry trees. Her spirits are renewed, her mental health is improved, her stress is calmed. She truly appreciates that someone had the forethought to protect those areas and provide access to all. She also notes the irony of our youth and park services planting saplings to repopulate and enhance our parks, when acreage just miles down the road is clear-cut for development. What a travesty that the adults in the room only see dollar signs on a parcel of land and not the opportunity to protect and enforce the priorities identified in Town documents as long ago as the 1970’s and further priorities in the early 2000’s and without a doubt will be prioritized in the next Comprehensive Plan update. Working with the landowners and developers is an opportunity to preserve green space, the old growth forest thereby increasing access to trails as a potential park area in this densely populated 104 corridor in Webster. She believes that the Town has an obligation to preserve what it can of the old growth forest and require the designers to come up with a plan that stays well away from designated areas, specifically the old growth, to leave that area void of development and to also require that roads, parking and buildings are well away from root systems and harmful runoff. Scotty indicates she is okay with the development but just be sensitive to how we do it and by keeping our green space in mind. Dorothy Fait, a Webster resident, stated in order to establish a PDD you need to follow three criteria. The development of this property as presented is in direct contradiction to our Comprehensive Plan. This property was designated as a property of interest for open space preservation in every parcel review completed, and she is asking the Board to honor our Comprehensive Plan. She would contend that there is a silent majority of Webster residents who view the preservation of mature undisturbed treed parcels as critical to the aesthetic qualities of Webster. Secondly, the Board must show how the development of this parcel meets community needs according to our Town Code. The Board has not provided any hard data to substantiate that this development meets the current needs of Webster residents, current people living here right now. The development within Webster, combined with this proposed development, combined with the request to develop the five-acre wood lot adjacent to Bird Song Trail, Willow Point Town Homes adjacent to an ecologically sensitive property next to the Irondequoit Bay shoreline, and the heavily wooded property on Publisher’s Parkway speaks to the incredible development pressure the Town is now experiencing. I would ask the Board to consider passing a moratorium on any new ground development until Webster residents have had an opportunity to participate in an updated Comprehensive Plan. The balance between growth and the preservation of our natural undisturbed spaces needs the Board to consider the current residents of Webster. Anna Taylor, President of the Friends of Webster Trails, came before the Board to address the consideration of a Progressive Development District (PDD) at 799 Holt Road (former lumberyard site) which is adjacent to the Hojack Trail. The Friends of Webster Trails Board Members reviewed the site plans proposed for the former lumberyard site. Their mission is to advocate for the preservation and the natural character of Webster open spaces and promote this through sensible management, education, low impact access, and advise and assist the Parks and Recreation Department by planning, maintaining and promoting recreational trails in the Town 16 12-05-2024  Webster Town Board of Webster. The Friends of Webster Trails is recommending site plan changes and suggests a thick, substantial vegetative buffer along the length of the Hojack Trail. They also suggested creating a setback to make room for the vegetated buffer setbacks to be increased to 150 feet from the Hojack Trail property line and not be measured from the middle of the trail. They strongly oppose clear cutting of lots adjacent to the trails in the parkland to keep the vegetative buffer and to keep the trail looking like a trail. For the adverse impacts to the trail, they would recommend a trail budget so that a portion of the project budget be committed to trail improvements on the section of the Hojack Trail between Holt Road and Hard Road which would include funds for the purchase of native trees and trail surface replacement as the trail erodes due to usage. Since the proposed site plans increase traffic by 361 units, they are proposing that precisely where the Hojack Trail crosses Holt Road, to install a pedestrian activated crossing flashing light and signage upon the approach so that vehicles are aware of the pedestrian crossing. Stephanie Ainello, a Webster resident, stated that applying for a PDD over an EPOD makes a mockery of what we are doing here. She doesn’t understand what an EPOD does to protect Webster if we can do hypothetically what is being attempted for this senior housing development. She has a younger brother who will be purchasing a home soon, to which she states that her brother indicates Webster is too expensive and its basically Henrietta. Rosa Eiserman, a Webster resident: stated she moved to Webster from the City of Rochester. She lives currently in senior housing, and she can see both sides to this Public Hearing. She sees the need for senior housing but is also aware that we should consider conservation because the deer end up getting killed in the road. At 9:14 p.m. the Public Hearing was closed. *** At 9:17 p.m. Councilman Cahill called for an Executive Session. Resolution No. 356: MOTION by Councilman Cahill, seconded by Supervisor Flaherty, to enter into Executive Session pursuant to New York State Public Officer’s Law §105(1)(e) to discuss collective negotiations pursuant to article fourteen of the civil service law. WHEREAS, New York State Public Officers Law provides that the Town Board may enter into Executive Session to discuss certain subjects or matters: NOW, THEREFORE, BE IT RESOLVED: That the Town Board enter into an Executive Session pursuant to New York State Public Officer’s Law §105(1)(e) to discuss proposed, pending or current litigation. That the following persons were authorized to attend: Charles Genese, Town Attorney. Vote on motion: Supervisor Flaherty ............ Aye Councilman Cataldi .......... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** 17 12-05-2024  Webster Town Board Resolution No. 357: MOTION by Supervisor Flaherty, seconded by Councilwoman Cahill, to return to Regular Session at 9:40 p.m. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** There being no further business to come before the Board, the meeting was adjourned at 9:40 p.m. ___________________________ Danene M. Marr, Town Clerk 18 12-05-2024