Fleming extends moratorium

By Kathleen Barran / The Citizen

Thursday, January 31, 2008 9:34 AM EST

FLEMING - The moratorium barring development in a portion of Fleming remains intact as the town board unanimously adopted a local law to “maintain the status quo” for all present uses in the Owasco Lake Watershed for a period of three months.
Revisions to the zoning code for the Owasco Lake Watershed area in the town are likely to result.

At Wednesday night's public hearing, town residents voiced their opinions about a moratorium extension.

Joe Leonardi, who lives two doors down from Vanness Brook, supports the moratorium.

“The water quality has deteriorated over the years,” he said. “It looks like the Mississippi when it rains with the silt building up in front of the town. We only know where 30 percent of the pollution is coming from. We don't want to risk damaging the lake further.”

Katherine Cappella Hankins said there can be significant differences in the interpretations of zoning ordinances.

“There need to be clear rules and regulations in place,” she said, “as a guide for all of us.”

She said the moratorium could provide time to clarify the issues.

“We went to the county,” she said. “They will be our partners. We've studied some of the best practices in the state of New York.”

Jessica Miles, Owasco Lake Watershed inspector, and Anthony DeCaro, of the Cayuga County Water Management Agency, attended the hearing to learn the background.

“We are here to safeguard the lake and to insure protection of the water supply for Auburn and for the region, which we share with Owasco,” DeCaro said. “We want to insure that however you handle development it be done in a responsible manner.”

“I would recommend to err on the side of caution,” he said, noting a degradation of the lake for the past 10 or 15 years “for whatever reason.”

Christine Izzo, who along with her husband, Thomas, and Patrick Montgomery have projects pending before the town planning board, was opposed to the moratorium.

“We hoped to provide a good opportunity for people to come and enjoy the lake without huge taxes,” Izzo said.

She said they had been working on their development for two years, researching and looking at the 2005 award-winning zoning.

She mentioned her education in earth science and background in geology to support her case.

“We are good stewards of the environment,” she said. “For the town to come up with another moratorium feels like a slap in the face.”

The Izzo's two proposed lakeside developments, Mallards Crossing, a 23-unit townhouse development and a 28-home Lakewood Landing subdivision, were stopped in June when the town placed a six-month stop on multi-unit development.

Their lawyer, Paul J. Curtin, wrote a letter to the town board indicating five reasons why his clients opposed the moratorium:

• No part of either project was adverse to the environment or inconsistent with land planning or zoning practices in the town.

• All aspects of both projects meet and exceed minimum town requirements.

• Water quality would not be affected by the developments since both projects meet and exceed stormwater detention requirements imposed by the state and will be serviced by municipal sewers.

• No showing of adverse impacts to infrastructure or town services has been made.

• No zone changes or variances are required for these developments which are consistent with existing zoning classifications.

Since the last moratorium, new members of the town board were sworn in, including a new town supervisor.

This board has decided to proceed cautiously.

“I'd rather cross all the t's and dot all the i's,” Gary Searing, town supervisor said.

Now the town has three more months to suspend any applications for major subdivisions, PDD applications, or site plan development approval, including the current Lakeshore District, portions of the R-1, R-2, and R-3 residential districts, and portions of the agriculture district.

The moratorium may be extended for an additional period not to exceed three months if the board deems it necessary.

Staff writer Kathleen Barran can be reached at 253-5311 ext.238 or kathleen.barran@lee.net

The Citizens' Say

There are 1 comment(s)

hilltop wrote on Feb 1, 2008 11:01 AM:

" no comment "

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