A public hearing was held to consider changing the zoning for the property owned by developer Tony Cole at Fargo road and Rt. 5 from a agricultural/residential to a planned unit development(PUD) in the Town of Stafford before the Regular Town Board meeting on April 9, 2018.
Cole plans to construct 16 duplex buildings with 32 units that will be constructed in phases(5 years). The 1,420 square foot units will be limited to two adult residents 55 and over.
In August of 2017, Cole brought his project plans before the Stafford Planning Board and Town Board. Some changes were made to the project after some discussions with both boards. After the meetings, Cole and his engineers changed the plan to keep it in line with the rural nature of the town and to provide sufficient units to make the venture economically feasible.
In February, the Town Board voted 5-0 to move the project forward and hold a public hearing to discuss the PUD with the public after the Planning Board and the County both recommended approval of the project.
In a Planning Board letter received by the Town Board, from Chairperson William VanAlst at the February 12th meeting:
(Based on our meetings and our discussions with the developer and in consideration that the residents of the Town of Stafford have previously indicated that senior housing of similar type is needed within the town, it is the Planning Board’s recommendation that the Town consider rezoning the property owned by Mr. Cole to a PUD as portrayed by the concept PUD plan.
A public hearing needs to be held and following of local law for a rezone.)
“There may be other changes along the way,” Supervisor Clement said in the February 12th Regular Town Board meeting. “Its our job tonight to approve the concept and start the change to our zoning law to allow it.”
At Monday night’s public hearing, homeowners from the Fargo road/Rt. 5 area of the project felt as if they were not informed about the project and some say they just learned about it after Cole decided to clear some trees in front of the proposed project site a few weeks ago.
“Why is this even being considered,” says Robert Marsceill.
Stafford Town Supervisor Robert Clement explained that in order for the project to move forward, the zoning has to be changed to allow Cole to proceed with his project.
“Are we going to change it? Maybe, maybe not,” says Clement.
“This is all part of what will have to be done before we can change the law, there are things he has to do yet.”
On March 22, 2018, a public notice was placed in the Daily News to let the public know of the April 9, 2018 public hearing to change the zoning law.
“We’re the people that live on the road and we are just finding out about all this stuff and you guys have been talking about this since August? I mean you put a little script in the Daily News, there are two people who get the Daily News, no one else does. I thought you were going to send out mailers in April,” says Marsceill.
Marsceill then questioned how Cole was allowed to tear down the trees that do not belong to him.
“That is all on county property, I don’t understand any of this.”
Cole says the property is his and he cleared the hill down and the trees down for better vision for the proposed driveway to the development on Fargo road.
Another resident says she is concerned about losing too much farm land to housing in Stafford.
“We’re taking a 7 acre parcel that I can’t get anybody to farm for free, I’ve offered it to many people to cut the hay, they would not do it because it was too small,” says Cole.
“It does nothing but grow weeds and I have to take care of it.”
Planning Board member Carol Queal questioned whether Cole really wanted to build the proposed project.
“If he wants to build these things, why does he have 9 acres up for sale ?”
Cole says he put the property up for sale so that neighbors in the area around the project have the chance to own the property next to their house.
“I’ll sell it, its up for sale and I will entertain any offers,” says Cole.
“So if you sell it then you aren’t putting up the buildings?,”asked Queal.
“I want to go forward with my proposed project,” says Cole.
Marsceill then asked why was this put in the paper that this was already voted on.
Supervisor Clement says he was not sure what that was all about and it isn’t a done deal.
“Did you read this in the Daily News? That is our legal publication, if you didn’t read it there it didn’t happen,” says Clement.
“Who is putting quotes as to what they say and what Mr. Mullen says, its all in there, did somebody just dream that up?, ” asked Jackie Marsceill.
“I have no idea, says Clement. All of this stuff here is not relevant to tonight’s meeting.”
Another resident then questioned why the Town only communicates through the Daily News.
“I have not got the Daily News for a year, sounds a bit shallow, none of us have heard it, other people have brought up about the Daily News too, it needs to be revisited,” the resident continued.
“I look at stuff online and the Daily News is a lot of nonsense, you have to search 15 pages to get that if they put it on there.”
“The motion was to have the public hearing not to approve the project,” says Councilman Panek.
“It was on the computer, all the quotes that people said here, that’s not true?,” says Jackie Marsceill.
“We didn’t vote for the project we voted for the public hearing,” Panek says.
“We don’t know that, we have your assessor saying its a done deal. This comes out, what do you want us to think, because nobody knew about the project, we didn’t know nothing about it until they tore down the trees. We are trying to protect our property and our country road and our way of living which is going to be a mess from day one to the end, there have been buckets there for 21/2 years for a perk test,” says Jackie Marsceill.
“I have know him(Tony) for 10 years, says Brian Wormley. He is a man of his word, if he says he going to do something he does it, I’ve had no problems with him as a neighbor, I am not against it by any means, if you put limits and you tell him what has to be done, he will do it cause that is the kind of guy he is.”
Supervisor Clement then reminded those in attendance that comments should be restricted to the change in the law only.
At that point Supervisor Clement went on to address the completion of the SEQR and Part II of the Short Environmental Assessment Form which discusses 11 questions in regards to the impact the changing of the law will have on the area. Out of the 11 questions, four questions were answered with moderate to large impact.
Increased traffic on an already busy road was considered to be a medium to large impact on the area if the zoning is changed to a PUD.
“You’re going to have more traffic on Fargo road, it is extremely busy with traffic, you have the curve there and its a blind curve, I have seen several almost accidents, so traffic will impact Fargo road and the residents, especially in that area,” says Carol Queal, Planning Board member.”
So far a traffic study has not been ordered.
“I don’t know that a traffic study is necessary,” says Supervisor Clement.
The question of home values was also discussed with Cole gathering information and an example from the Town of Batavia Assessor on Clinton Crossings which was built in 2008.
To view the discussion in regards to the Short Environmental Assessment Form and the public hearing view the video below.
If the Town Board decides to proceed with a rezoning and approves it, Cole will then need to return to the Planning Board with more detailed engineering plans for the site plan approval prior to proceeding to construction.
The Town Board will meet again for a regular monthly meeting on May 14th at 7:30p.m.
The plan was not voted on after the public hearing as the Board went over part two of the short environmental assessment form with residents.