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Webb OKs zoning change for district

Tuesday, October 16, 2012 - Updated: 11:28 AM

By CHRISSY PRICHARD

Express News Staff

The Webb Town Board held their regular monthly meeting on Tuesday, Oct. 9. Board members present were Councilwoman Mary Brophy-Moore, Councilwoman Kate Russell, Councilman J.B. Herron, Councilman Mike Ross, and Town Supervisor Ted Riehle. Also in attendance were Town Clerk Nanci Russell and Town Attorney Richard Frye.

The board held discussion regarding a proposed zoning ordinance amendment to allow a planned residential district to be developed in Old Forge. The proposal, made by Mike Mitchell/Adirondack Homes, had already gained Planning Board and Zoning Board of Appeals recommendations.

A public hearing was held on Sept. 17 to hear public comment on the project, after which the board asked for time to consider Mitchell’s request.

Mitchell gave an update on the status of some of the other agency approvals he is seeking for the project. The Adirondack Park Agency’s regulations dictate that property containing wetlands can not be subdivided. Since two of the proposed lots fell on a parcel adjacent to the Moose River, Mitchell had to adjust the lot lines to satisfy the APA’s requirements.

Mitchell is also awaiting state Department of Trans-portation approval for the driveway entrance that will be used to access the neighborhood. He said that he has been making improvements to the driveway area to bring it level with State Route 28 and he anticipates that the DOT will approve the driveway. Mitchell said that if the DOT did not approve it for some reason, he would still have the option to move the driveway over about 15 feet to a town right of way, which would not require DOT’s approval to use.

Councilwoman Russell and Councilman Herron both said they would prefer more time to consider the project before taking a vote. Herron said that he has heard some concerns from community members that the neighborhood could evolve into government-subsidized, low-income housing. Mitchell assured Herron and the board that he has not pursued that scenario, and has never had any intention of doing so.

CAP-21 Director Nick Rose explained to the board that grant funding has been applied for, but would only be for the purpose of restoring non-functioning property to productive use. The Rural Area Revitalization grant has not been approved as of this time.

Mitchell said that he has reached out to neighbors surrounding the location of the proposed project, offering details and seeking feedback and giving people the chance to voice their concerns.

Supervisor Riehle and Councilman Ross both said that they saw no reason the board should wait to make a decision about the zoning change. Since the public hearing had already taken place and community members had been given the chance to have their concerns addressed, Riehle expressed a desire to keep the ball rolling.

Riehle reminded the board that the only decision they were considering was the approval of the zoning overlay to allow the district’s formation. They were not being asked to approve any details of the project. “I’m comfortable to move forward with a decision on this,” said Riehle.

Councilwoman Moore made a motion to approve the amendment of the zoning ordinance. The motion was seconded by Ross and passed by unanimous vote.

With this approval, Mitchell will now go to the planning board to seek final project approval.

The planning board will have the task of thoroughly examining and reviewing all the details of the project. During this in-depth process, the public will have the opportunity to attend planning board meetings and voice any concerns about the project’s details. A public hearing will also be required before the planning board can consider approving the project.

• Riehle announced that the town’s 2013 tentative budget has been prepared and is ready for the review of the board and the town’s department heads. The budget was presented to the members of the board on Oct. 1 and is also on file with the town clerk.

Budget hearings with departments heads will take place from 8:30 a.m. to 5 p.m. on Oct. 10 and 17.

Budget discussions with the board are scheduled for 5 to 9 p.m. on Oct. 11, 4 to 8 p.m. on Oct. 18,  and if necessary, 5 to 9 p.m. on Oct. 22.

These meetings will facilitate the preparation of the preliminary budget, which will be presented at a public hearing in early November.

Riehle anticipates passing the final budget at the boards regular meeting on Nov. 13.

• Town of Webb resident Michelle Soltes addressed the board with her concerns about her recent run-ins with aggressive dogs near her business, North-South Connection, as well as at her Fourth Lake home. She has sustained facial injuries as well as a bite on her leg. She said these attacks have led her to consult with a lawyer in an effort to put a stop to the incidents.

She stated that her neighbors’ own aggressive pit bulls that are often allowed to run free. As a result, she says she is afraid to go outside or walk up her own driveway, because she never knows when one of the dogs may confront her on her own property.

She also has had encounters with aggressive dogs while walking her own dog on Old Forge village streets and says she is aware of other residents who have had similar run-ins with the same dog in the same neighborhood.

Soltes has contacted Town of Webb Police about these incidents, but says she has not been satisfied with the results. She says she has been told by local police that they can’t do anything because there is no leash law. The only law on the books is a dog control law, which is complicated in it’s enforcement. She says the dog control law is not sufficient to protect people from these kinds of attacks and she’s afraid for her own safety, as well as the safety of her dog, town residents, and visitors.

Riehle said he would like to meet with Webb Police Chief John Russell and Town Attorney Richard Frye about the matter to find out what can be done to get a handle on the situation. He said enforcing the dog control law may just be a matter of completing a signed deposition, and that he would be looking into a solution.

Soltes said she was glad the board was aware of the situation and hopes something can be done before anyone else gets hurt.

The board moved to enter into executive session to discuss a personnel matter. After the executive session, no action was taken and the board moved to adjourn the meeting.

• Ross brought up the topic of the fees charged by the town for use of the pavilion and related facilities at North Street. Although the board made some changes to the fees earlier this year, Ross expressed concern that some of the pricing was too high and might cause event organizers to consider venues elsewhere.

He said that fees should be high enough to cover the town’s costs, but should not be used as a money maker for the town.

Another concern Ross brought up was the security and cleaning deposit. He feels that all groups using the facilities, including non-profits, should pay the deposit as it will help to ensure that the facilities will be left in good condition after events are held.

The board agreed to charge for-profit groups $350 each day for the first two days of an event, plus $100 for any additional days. Non-profit and family groups will be charged $75 per day for any number of days. Anyone renting the facilities will be subject to a $500 security and cleaning deposit. Use of the kitchen in the pavilion will cost $50 per day plus a $250 deposit.

Anyone renting the facilities will be allowed access in order to set up the day before an event and clean up the day after an event for no charge.

A motion to accept this fee schedule was made by Ross, seconded by Russell, and passed by unanimous vote.

The next regular meeting of the town board will be held at 7 p.m. on Nov. 13. All meetings are open to the public with the exception of executive session.

     

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