Webb board approves planned district; Mike Mitchell development proposal now returns to planning board

The Town of Webb Board grappled back and forth Tuesday, before finally agreeing to amend the Town of Webb Zoning Ordinance to allow a planned district for Adirondack Homes, a company of local businessman Mike Mitchell, which will allow Mitchell to seek Planning Board approval for a residential subdivision in Old Forge.

A public hearing had already been held regarding the proposed ordinance change with little discernible resistance, according to Supervisor Ted Riehle.

The public hearing was held on August 29th.

Riehle questioned Mitchell, who was on hand for Tuesday night’s town board meeting, as to the status of issues that had cropped up that involved the Adirondack Park Agency (APA).

Mitchell explained the concern.

“If there is wetland on a parcel, that parcel cannot be subdivided. Two of the lots in this subdivision fell on the parcel which is adjacent to the river, which constitutes a subdivision of a parcel with wetlands,” Mitchell said.

This meant Mitchell would have to go through the entire APA process, which could take two years and involve hundreds of thousands of dollars in additional studies, according to Mitchell.

“As an alternate means of advancing this project, I asked if we could simply do a lot line adjustment. In effect [this would] move the boundary line between the two lots 27 feet closer to the river. It wouldn’t impact the wetlands. It wouldn’t change the project in any way,” Mitchell said.

The APA agree that a lot line adjustment would be acceptable, Mitchell said.This involves a simple redrawing of the map, with Planning Board approval, and relatively little expense.

And it adheres closely to Mitchell’s intended plan.

“It will still allow for 19 lots, just a little less symmetrical,” Mitchell said.

Councilman J.B. Herron said he has been speaking with constituents in the community and wants to make sure concerns are assuaged at the project’s earliest stages.

Herron said he wants to ensure that the project adheres to its original description and is not able to morph into something not desirable to the community.

Specifically, he wants to protect against a low-income type development with occupants that might be dictated by grant requirements.

Mitchell had said the project involves grant applications, none of which have been approved to date.

As for the scenario Council-man Herron described, Mitchell said:

“I have no intention of doing that. It was never part of my goal or never part of the conceptual overview of the project. I have never pursued it in any degree. I have no intent to pursue it.”

Mitchell said his is an affordable housing concept, and he would be willing to sign a commitment that would prohibit any kind of low-income effort.

Nick Rose, executive director of CAP-21, confirmed Mitchell’s characterization of grant funds being sought for the project.

“The application funds requested [are from] Rural Area Revitalization. [They] can be used for… taking a property that is non-functioning, has been not used, and creating a usable property—so that something productive can come on that property. There are no requirements relating to housing or restriction or income or anything. It’s purely a program that helps small communities get property back into productive use,” Rose said.

Town Attorney Richard Frye added that the decision currently before the board was only to create a planned residential district. Issues involving project details and usage would be appropriately dealt with once taken up by the Planning Board.

Councilwoman Kate Russell said some of the project dealings happened outside the purview of the board, and she asked for clarification.

Mitchell said consultations with Code Enforcement Officer Andy Getty, and later Supervisor Riehle, guided its development, starting last spring.

“[Both] agreed the planned district would be the most appropriate way to handle this, so that every level of government here in the town has the opportunity to have oversight,” Mitchell said.

He added that he wants perfect transparency with everyone in the public.

“I did reach out to the neighbors with a complete description of the project and asked for any feedback,” Mitchell said.

“I have had a few discussions with neighbors and answered questions, but other than that there’s been no other issues,” he said.

Councilman Herron and Councilwoman Russell said they preferred more time. Herron made a motion to table a vote until the board’s regular meeting in November.

That would allow for more information gathering and an additional site walk.

For Mitchell’s part, he said he would be willing to wait if necessary, but that he had been hoping to get his application started with the Planning Board.

Councilman Mike Ross and Supervisor Riehle said they saw no purpose in delaying a vote.

“I think we’ve gone through the process, we’ve held public hearings, we’ve had ample opportunity for anybody interested in the project to come forward and speak. This is allowing the change of use for a planned district, to allow a subdivision to go to the Planning Board. We’ve already had Planning Board review, ZBA review. I personally can’t think of a reason to wait,” Riehle said.

Herron said Mitchell’s promise to not redirect the project at a later time is sufficient, and he agreed to withdraw his motion.

“Our intent was to keep this affordable, and we’re trying to target a price of $139,000 for these homes,” Mitchell said. “And I appreciate any efforts on your part to speed [the approval process] along.”

Mitchell said he hopes to start site-work in the spring and not lose a building season.

A new motion was made by Councilwoman Mary Brophy-Moore to approve a resolution that would allow Mitchell’s planned district.

Councilman Ross seconded the motion.

On a voice vote, the resolution was passed unanimously.

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