Public hearing on rezone of Harris Hill project; Part I: Proponents

[Lee Chowaniec]

The Lancaster Town Board held a public hearing on the rezoning of 38 acres of land on 375 & 391 Harris Hill Road from Residential District One (R-1) to Multi Residential District Four (MFR-4) for the purpose of constructing a 150 Senior apartment complex (55 and over) and 9 single family homes.

Petitioner Angelo Natale, Attorney Jeffery Palumbo and Engineer Jeff Sudulo spent 24 minutes presenting data and information to the town board why the project met all the requirements deserving of a rezone.

Attorney Palumbo informed the board that if the rezone were granted the applicant would agree to a condition that would deed restrict the property to ensure the development remained in size and scope as presented to the town board.

Attorney Jeffry Palumbo addresses board

The number of apartments to be constructed has been reduced from 175 to 150.

New concept; no longer three buildings but one two-story building in the front and a three story in the back. The concept has been modified significantly from the 175 apartment complex presented to the planning board – and which was recommended for denial by that board to the town.

There will be nine (9) single-family lots that will be developed..

The open space on the property measures 78% because the wetland area and the buffer zones will be avoided.

There will amenities on the property – pool, club house, walking trails, tennis court, etc. Want it to be the finest senior citizen complex in the area. As seniors get older they don’t like to lose their independence. The complex will provide that feel of independence with walking trails in the wetland to the maximum allowable extent that can be allowed. There will be a greenhouse on site that will allow residents to grow their own vegetables, flowers, etc.

Zoning Ordinance Compliance

In the Comprehensive Plan there is a zoning ordinance and it talks about the purpose of the ordinance. It protects the environment of the town and to protect the health and safety of its residents. You do that by regulating land uses, regulating density, and you do that by regulating open spaces and recreational areas. It says about the MFR-4 zoning that we are petitioning for is to provide medium density, multi-family development and to regulate building to allow for adequate light and air that surrounds residents. What this board needs to do is to apply those concepts, the intent and purpose of the ordinance to what we are proposing. Do we meet the standards of the ordinance? That’s medium density, about 4.6 units per acre, which is only slightly above what the current R-1 zoning is. I don’t think we reach even reach medium density; that we are in the category of low density. (Current R-1 zoning calls for a max density of 3.5 units per acre)

The second part of that (zoning ordinance), regulating buildings is to assure adequate light and air? We have that all in place – open space, open fields to the maximum extent possible. We talk about land that will be turned over to three of the neighbors. We created a buffer in every area that we can. It will have a single family component as well with the construction of 9 single-family lots for that purpose. We are approximately 470 feet away from Harris Hill with our structure; as far away as possible while still making this project buildable and while complying with the wetlands and the 100-ft buffer area. We hope that you agree that we meet the intent and purpose of the zoning ordinance on all four points.

Comprehensive Plan

The second part concerns the Comprehensive Plan. If you read the Comprehensive Plan section regarding residents and public services, the number one goal is to assure the safe, affordable housing of all residents. It then talks about action plans on how to accomplish those goals:

1) Provide for Senior housing units
2) Implement multi-family zoning districts in areas that are close to transportation
3) Develop residential designs to provide housing that has minimal impacts on landscape and environmental features
4) Provide recreational opportunities
Look at our plan and we meet those goals and requirements.

Angelo Natale has had numerous meetings with the neighbors and we have support letters that were submitted by them and there are some that are here this evening that will speak in favor of this project; and maybe some that won’t. I don’t know. Those in support will tell you they would rather have this housing development than a single family subdivision.

Why would you vote for this? I think you would vote for this because it is a multi-million dollar project. It is a tax benefit to the town, and has very little need of town services. There will be no children, no roads to plow, a private roadway and we will take care of the rest of the infrastructure. Secondly, it is low density and complies with the comprehensive plan. Three, it provides diversity in housing.

As will be covered next by our engineer, when we compare the traffic from the facility that we propose to the traffic of an R-1 (Residential District One) single-family subdivision, where there could be 50-60 dwellings on this parcel, given the restraints that we have, our traffic is actually less.

Engineer Jeff Sudol

Wetlands

Of the site’s 38 acres are all wetlands to the west and the 100-ft regulated adjacent buffer area. Right off the bat more than half the property is wetlands that we are not supposed to impact and with any DEC permitting requested. We are also avoiding the floodplain in its entirety. So, we are totally staying away from all the environmental features along the west of the parcel to be developed.

The rest is split up with 9 acres for development of the senior facility and 9 acres for the single family homes. It is an appropriate development plan because there are not a lot of single family homes around us. We are providing a transition of land uses. We have downsized the number of apartment units from 175 to 150 because we didn’t want to get into the wetland permitting process. So wetlands and floodplain is not an environmental issue here.

Traffic

There is no denying that Harris Hill Road at the Genesee Road intersection is very congested during the peak hours of operation and backups along Harris Hill Road, both north and south occur, and traffic comes to a standstill. Senior facilities have a low impact to traffic. There are two reasons for that:

1) Seniors come and go but they tend to do so off peak traffic hours. They don’t have to leave for work at 7:15 in the morning, so why would they leave when the Harris Hill Road area would be congested.

Whether you are a single family home or a one bedroom senior apartment some argue it’s the same (when it comes to traffic count). It’s not the same. Many single-family homes have four-to-five bedrooms, so you can have between 200 – 250 people (if the site were developed as R-I with 50 dwellings). Many of our apartments are one bedroom units with two bedroom units sprinkled in there. Based on the R-1 zoning code, you could say comfortably that 50 single family homes in this development could legitimately be a 50 home subdivision that would have a similar amount of people. Maybe those people (single-family subdivision) would be younger commuter type people, professionals, families with kids and you would have more traffic. A senior unit is not the same as a single-family home when it comes to traffic volume.

2) Residents have the opportunity to turn left to get to Transit Road or loop around to the thruway without having to enter that congested intersection (Genesee Street). Incidentally, there are roughly 24 vehicles that will enter Harris Hill from our site during peak hours. There is no reason to turn down Harris Hill Road by making a right turn.

Previously there was a development proposed for this site that had over 200 market rate apartments. Market rate apartments have families and generate a lot more traffic. That project would have warranted a turning lane. Our project doesn’t come remotely close to meeting the DOT warrant for having a turning lane and where we have to do any improvements on Harris Hill Road. We also come nowhere close to needing a signal warrant – 100 vehicles, actually 190 vehicles coming out of a development.

People will say that the facility may have events where there will be people coming and going. That’s true. But roadway analysis indicates that except for special holidays like Christmas and other special events there will be less traffic than if developed as a R-1 subdivision.

Sewers

A lot of people are concerned about sanitary sewer issues and the bedrock present; as are we. We are fully aware of the sewer circumstances here. We know that to get the gravity sewer in that we will have to cross the Thruway and that there is a gas line there. It is our responsibility to mitigate any impact that it has to the sanitary sewer system. We are performing a downstream test analysis. We go to different manholes. We monitor the outflow as it is now and project the outflow that will come from our project. And keep in mind that we have one and two bedroom units, not four-to-five bedrooms. We add them together and if it does not meet expectations we are responsible doing whatever for meeting the testing standards. Any improvements that have to be made or required by the project will be paid for by the project sponsor. There will be at least one force-main installed, maybe two, in the bedrock – going to the south, crosses the Thruway and connects to the gravity system on the south side. There may be a way to improve the present system and provide a benefit, but we won’t know that until we work out the details with county sewer management. All improvements and upgrades paid by the project sponsor at no cost to the taxpayer.

There will be no project blasting where there should be concerns for foundation damage.

People who move into the senior apartment complex lease them for five-seven years, two years, whatever it is, with the quarry nearby, and that necessarily may not bother you, but to sell 50-60 single-family homes in that area, with homeownership, that would be a lot more difficult coming to the planning board. But here land use, and with all the other amenities coming all with it makes this project more appropriate than an R-1 single-family subdivision.

Mr. Natale is committed into making it an eco-sensitive development – LED lighting and an extension into the wilderness for future residents of this facility.

Town board question

The only town board member asking a question was Council member Donna Stempniak who asked whether the units have interior corridors where there are no outside doors to the individual units. “That is correct,” was the answer given by Palumbo.

Resident proponents speak

As stated earlier, Natale had met with neighboring residents several times earlier and had convinced them of the projects merit and had them submit form letters of project acceptance on Natale stationary. Natale had also promised them use of all the amenities that came with the project – club house, tennis court, pool, walking trails, etc. Natale encouraged them to attend the meeting and speak in favor of the project and that they did.

Seven Harris Hill Road neighboring residents had submitted letters of full support of the project. Five of those residents spoke at the hearing in full support of the project giving some of the following reasons:

• All the neighbors are in favor of this project. Quite frankly single family homes don’t belong there.
• We don’t want to walk down the street, it’s too busy. This is the best footprint. We can walk our dogs back there and it’s quiet back there. 78% will still be wide open and it’s beautiful back there
• They have given us guarantees in rights to use the property.
• The quarry is right behind me and I have lived here since 1978 and have suffered no foundation damage. The basic problem with the quarry is dust and truck traffic noise.
• The quarry has no impact on foundation structures and does not affect quality of life issues.
• Compared to the previous project proposal by Bella Vista for a 275 apartment complex where they would literally be in my backyard with no buffer, this developer is working with us and I wouldn’t mind this project at all.
• This project is in my backyard. I knew Mrs. Gipple and I don’t think it’s fair to stop this project and prevent the sale of the property. The opposition to the project is coming from people who live seven miles down the road. So I believe I have the biggest right here as it is in my backyard.

Next: Part II: Resident opposition and concerns voiced

[gorja]

Many, many people work into their 70's nowadays and go to and from work during rush hour.

[4248]

Oh gee wait - Mr.Natale said, "open space on the property measures 78% (38 acres are all wetlands ) because the wetland area and the buffer zones will be avoided. Right off the bat more than half the property is wetlands that we are not supposed to impact and with any DEC permitting requested. We are also avoiding the floodplain in its entirety.

In Mr.Natale's presentation they admitted: "There is no denying that Harris Hill Road at the Genesee Road intersection is very congested during the peak hours of operation and backups along Harris Hill Road, both north and south occur, and traffic comes to a standstill"

To me one of the more interesting aspects of this project is "Profits" - no, now wait read on - Please !-

Look at the reduction in numbers of structures - look at the increased protected green space - protected wetland avoidance and flood plain acknowledgement and avoidance -

Look at all them amenities being offered to residents and neighbors - "Natale had also promised them use of all the amenities that came with the project – club house, tennis court, pool, walking trails, etc. "• We don’t want to walk down the street, it’s too busy. This is the best footprint. We can walk our dogs back there and it’s quiet back there. 78% will still be wide open and it’s beautiful back there
• They have given us guarantees in rights to use the property.

All this supposed Good stuff and contrary to another developer - there's plenty of money for Mr.Natale

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Before I close this post/rant -

What most impressed me about our Town Board Councilmen was - once again the hard hitting Liaison to the Towns Planning Board - the person who is supposed to "Attend Planning Board Meetings and Update" the Information for the Town Board - the hard hitting single question of the night after all her hours spent - after all the time she researched and studied this project and its impacts - she comes up with the single most important question of the entire proposal:

Town of Lancaster Liaison to the Planning Board/ Senior Town Board Council Member Donna Stempniak asked,
"whether the units have interior corridors where there are no outside doors to the individual units"

- The presenter/the audience/the Town Board must have been stunned/baffled/confused -

Yet the presenter managed to say - “That is correct,” said Palumbo.



Did she nap at the Planning Board Meetings - did she not read the info given her - Councilmember Donna Stempniak should resign - again !