Fleming continues work on zoning code

By Kathleen Barran / The Citizen

Thursday, July 31, 2008 11:47 AM EDT

FLEMING - Location, location, location - that's what the Fleming town board grappled with as it addressed updates to the town zoning code at a public informational meeting Wednesday evening.
Kerry Ivers, of engineering firm Clark, Patterson and Lee, presented an overview of possible revisions to the town zoning code based on the comprehensive plan that her firm also helped develop.

“Now it's time for a reality check,” Ivers said, referring to the most recent zoning code, adopted in 2005. “Does the zoning code really reflect what the town wants to see happen?”

Most of the 25 or so people present didn't think so, even though the town received an honorable mention award from the American Planning Association' Upstate New York chapter in 2006 for that year's planning.

Ivers used a future land use map to discuss development in terms of density, where and how development would take place, and the existing characteristics of the town as well as intended future characteristics based on the comprehensive plan.

Problems highlighted included rising concerns about watershed development, grey areas in the zoning code, documented decline in the quality of water in Owasco Lake, and increased concerns about the impact of high density development on the rural character of Fleming.

Projections on the map included two residential districts, increases in lot sizes, and new boundaries for districts. Agricultural districts, with no issues of disagreement, weren't discussed.

A transitional residential district of higher density was proposed closer to the border of Auburn, which would mirror what happens at the city's edge now, gradually transitioning to a more rural environment.

Crucial to this zoning are water and sewer districts and figuring out the infrastructure's threshold for future development.

“Currently there is an excess capacity that can accommodate further development,” Ivers said.

Some in the audience were curious about townhouses and patio homes developing, while others preferred wide open spaces.

“In places where sewer and water is available, you need to be able to maximize development,” Ivers said. “The wider the frontage, the more expensive it is to hook up. That doesn't maximize the water and sewer infrastructure.” Also, large lots with water and sewer are too expensive for the average person to buy, many $150,000 and up.

“Balance has to happen,” Ivers said. “What people want and what's good for the town don't always jibe”

Ivers said there was a sense that not a lot of change is desired in the town, except for possible changes to the Lakeshore District.

That district had specific issues requiring its own category. Proposed boundaries were to be defined from a center line down West Lake Road (Route 38) to a rear lot line about 300 feet west.

Several residents were concerned about having their lakeshore property in two different zones if it extended past the 300 feet on the proposed map.

“Nothing's being set in stone,” Ivers said. “That was one idea. It's not a done deal but something to get feedback on.”

Ivers said there is no new development along lakeshores in this area, but redevelopment is on the rise.

“Where there is residential development with no check, there is a stress on the tax burden,” she said, noting that for every dollar a housing development pays in taxes, it requires $1.30 in services, whereas a commercial or industrial development pays a dollar and costs 75 cents in services. Agricultural development needs only 50 cents in services.

Lake access and how the town wants to eliminate or restrict it is the real issue, not the watershed, according to developer Christine Izzo.

Tom and Christine Izzo proposed Mallards Crossing, a $2.8 million six-building, 23-unit townhouse community to the town in May 2007. Gary Searing, then a town councilman residing on West Lake Road, objected to overdevelopment in that area of the lake.

Izzo then said the development would reduce building density considering a half-dozen structures were fewer than the 20 or so mobile homes that existed on the property.

The Niles couple also own 15 acres of property neighboring the mobile home park where they proposed a single-family home subdivision, Lakewood Landing, which so far has cost upwards of $560,000 including engineering, required studies, acquisition, and carrying costs, according to the Izzos.

In May 2007, the town defeated 3-2 a six-month moratorium on building. The development plans were halted, however, at a special meeting on June 25, when the moratorium passed with one negative vote. It was then repealed in favor of a more expansive one for three months because the county planning department had never reviewed it.

That moratorium expired at the end of July 2008, so the town passed a new local law incorporating a new six-month moratorium.

Ivers said that, once residents have discussed the zoning proposal, the next steps are: draft revisions of zoning laws developed, public review, public hearing, referral to the County Planning Board, and town adoption of the revisions.

A resident asked if people could send in written suggestions, and Ivers welcomed the idea. Those who want to write can email their suggestions to flemingsupervisor@adelphia.net.

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