Appendix — Warth v. Seldin

Supreme Court brief1975

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APPENDIX

(Vol. Il — Page 517 to End) NOV 29 kk

MICHAF! Ri

IN THE ee

Suprengé Court of the United States

OCTOBER TERM, 1974

No. 73-2024

ROBERT WARTH, et al,

Petitioners,

—Vy

IRA SELDIN, etal,

Respondents.

On Writ of Certiorari to the United States Court

of Appeals for the Second Circuit

Nae

Petition For Certiorari, Filed July 15, 1974

Certiorari, Granted October 15, 1974

aNaeEemaEa=a=a0anma9@Ee—ESE=EE™——————— eee

SPAULDING LAW PRINTING CO., SYRACUSE, N. Y.

(S 6937)

TABLE OF CONTENTS

Page

Docket Entries

Complaint........

Exhibit attached:

A. Amended Zoning Ordinance of the Town of Pen-

8 EE 3

Notice of Motion to Dismiss Complaint ..... 117

Motion to Dismiss Complaint ............ cows . 120

Affidavit of James M. Hartman Ue eheeeseckeeecece Ge

Notice of Motion ........ Die hesedeeeseececdesee Oe

Motion to Intervene as Plaintiff ehRihhenceckeececoe GU

Affidavit of Sanford Liebschutz .............. ececes Ee

Intervenor Afifilicant Complaint .............6.555058. 144

Motion and Notice of Motion ... 2... 6.6.6. cece eens 16S

Affidavit of John C. Mitchell .... 2... 66.6.6 e eee ee 170

Exhibit attached:

i. Charter Membership List .................555. 177

Affidavit of Robert J. Warth ... 2... 06. 6c cece es 180

Exhibits attached:

A. Facts about Rochester Housing ............... 196

B. Housing Site Proposal .............660565. . 201

©, GQUPUMPOMEOMGS 2. nce cece cece cc escccecens 218

EEE OP CETTE TTT T LETT T 232

E. Proposal Regarding Low-Income Housing ...... 233

Ho BUOMMATY TRGGTE 2... wc ccc cece cccccecccceces 245

G. Charter Membership List ..............5-55. 321

i EEE ccc ccccsccccccsenccsccccccs 324

I. Statement to Ways and Means Committee ...... 328

PT peer cece cedeebeeercccecccececces 334

K. Letter to County Legislator, dated 5-S-71 ....... 33%

L. Suggestions by Special Committee on Housing 338

ii

Exhibits attached to Warth Affidavit (cont'd) Page

M. Letter to Chairman, Political Action Committee,

SEEPS snecencacuceneenseeenuennuseu 340

N. Report to County Legislature from Special

ID 6-0 ccbuecos ccocunnuanence 343

Se TD widduiusesnndasueescaeuaden 348

De. Wee 59460000404050 cneeuaeeuae: 352

Q. Metro-Act Proposal to the Penfield Town Board 357

Affidavit of Andalino Ortiz ........... 0... ...cccceeeeee 362

Exhibit attached:

A. Summary of Rental Information in Town of

DOE 6Gckusnccddusceteteecsencuudsenbuses 402

Affidavit of Clara Broadmax .................0ccceeuee 404

GREED écncnedcosedsetdcdssenecsnccs 422

PUTED ccectcdcakcensncedenesaeeuces 435

Affidavit of Warth, Reichert, Vinkey and Harris ......... 456

Exhibits attached:

A. Report of Housing Task Force on Moderate

Income Housing

Appendices:

A. Penfield Housing Task Force “Charter” 524

B. ‘Moderate Income” Ranges ........... $27

C. “Opinion Survey — Tabulated Question-

WE 060seckeconcccunucéessucienes 528

D. Ten Year Housing Targets for Monroe

GED saneneusdeasdstetdacudectede S44

E. Excerpts from 1970 Census of Population

SSD oc nncosccéddesssetccces: S49

F. Distribution of Housing Units in Monroe

UE s cdcodescddsaddcsckeuie 551

G. Cost of Extra Features — Value Ratio

UD cvnsvedbansaatanddseuseseecess $52

H. Land Acquisition Cost Analyses and Land

Development Cost Analyses ........... $53

iii

Exhibits attached to Warth et al. Affidavits (cont'd) Page

Appendices (cont'd)

1. Penfield Zoning Ordinance, Housing Sec-

ED cb donvcteeucesticccccs 555

J. Estimate of Housing Costs in Penfield’s

PURE OUEMEED covcccecspesccccces S61

K. Sections 235,236 Summary ............ 564

L. Section 23S Regulations ............... 566

M. Comparison of Tax Rate Impacts of a

High Density Development and a Low

Density Development on a School District 573

B. Chart of U.S. Government Outlays for Ten Year

DED -ausechecéekeunéussedsiwadowesedeoss $82

C. Charts Showing Population by Race ........... 583

D. Tax Information on the Town of Penfield ...... 589

BS. Busmpt Propecty Totals ..... cc cccccccccccees 600

Pe PE cede weusvesbesceccadeduevecete 606

G. City of Rochester Tax Rates ................. 607

H. News Article from the Times-Union, 4-26-72 .... 608

1. News Article from the Penfield Press, 6-1-72 .... 609

J. News Article from Rochester Democrat and

AEE cosnnccscavecocaeesdesuces 610

K. News Article from Rochester Democrat and

EEE ‘Gucncdcducduecdcendesnaeue 611

L. News Article from the Times-Union, 6-6-72 ..... 612

M. News Articleon Housing .................... 613

N. News Article on Crime Statistics .............. 614

DERE 66664 cvncoccccesececceccests 615

Exhibits attached:

A. Town Zoning and the Housing Shortage ....... 643

B. A Medel Planned Unit Development Article for

a Town Zoning Ordinance ................... 697

C. Planning Board Minutes, 6-9-70 .............. 7%

D. Planning Board Minutes, 8-25-70 ............. 738

E. Planning Board Minutes, 5-10-71 ............. 768

iv

Exhibits attached to McNabb Affidavit (cont'd) Page

F. Report on Proposed Zoning Actions, 6-24-71 .... 772

G. Planning Board Minutes, 7-12-71 ............. 777

H. Description of Planned Unit Development ..... 779

I. Publicity and Minutes of Public Hearing regard-

SPE cc06anesenedeeeds seenddesetacsees 800

J. Notice of Adoption of Amendment to Penfield

SD en dcnsesnntue sencedncebese 818

K. Resolution, Penfield Town Board, 1-3-72 ....... 828

L. Monroe County Executive Committee recom-

mends disapproval of re-zoning change ........ 838

M. News Article, Penfield Press, 5-25-72 .......... 840

Bb Ge Ncdcccucenundduedsceeseonesees 841

O. Proposal of Cooperative Homeownership for

DE stvctceneenvaceueneenensessbeusadas 849

P. Soil Review of Proposed Apartment Site ....... 860

ae: RE coda uedddudeendsandebcascess 864

R. Brief from Robert J. Anderson, consultant ...... 866

S. Resolution of Penfield Planning Board, 9-9-69 .. 881

T. Resolution of Penfield Town Board, 1-12-70 883

U. Proposal of O’Brien Homes, Inc. ............. 885

V. Minutes of Penfield Planning Board, 10-12-71 .. 897

W. Minutes of Penfield Planning Board, 3-27-72

SPE Sundesednwabadendsadene cevckéces 900

X. Omitted here as contents appear herein as part

SRE Sbdunincncdutasdousshdesdsseens 908

Y. Resolution for Rezoning, Penfield Town Board,

Sener Ghdnenndececebwosendbecucducedeuseuse 909

iv SE wees eneseceuesesccosesnececess 920

AA. Minutes of Planning Board, 3-13-72 ......... 921

Affidavit of Kling, Taddiken and Farley ................ 925

U. S. District Court Opinion .......................... 948

U. S. Court of Appeals Opinion ....................... 953

917

EXHIBIT A

IMPACT ON PENFIELD

This section will review the impact of the

recommendations of this Task Force on

various public services in the Town. Certain

services can be handled with relative ease.

For example, in telephone conversations

officials at Rochester Gas and Electric

Company, Rochester Telephone Company and the

Monroe County Water Authority assured the

Task Force that the gas, electric, telephone

and water services will be readily extended

to all housing developments in the Town of

Penfield.

Sanitary Sewers

In contrast the sanitary sewer situation is

too complicated to be dealt with effectively

within the scope of the activities of this

Task Force. At present there is insuffic-

ient capacity to handle 2000 additional

dwelling units in Penfield, regardless of

their location or cost. In fact, certain

approved developments cannot start

construction until portions of the sanitary

sewer problem are resolved. The Town Board

is aware of these problems and is evaluating

solutions. This Task Force assumes that

satisfactory solutions will be identified

and that the appropriate action will be

taken to permit the normal growth of Pen-

field as well as the construction of the

recommended moderate income housing.

Roads, Traffic and Shopping

The Penfield Conservation Board has as one

of its responsibilities the evaluation of

Penfield's road network and traffic

patterns. As specific proposals for

moderate income housing are presented to

918

EXHIBIT A

the Planning Board and Town Board, this

Task Force asks that the Conservation

Board analyze the anticipated impact of

each development on the traffic load and

patterns. Properly located housing and

properly planned roads will present no

major problems,

Our concern regarding shopping is less

with quantity than with quality. It is

reasonably certain that proposals for

shopping centers and commercial services

will be forthcoming as housing, either

moderate or high income, expands. The

Town Board and-Planning Board must be

careful that only well designed, attract-

ive shopping areas, such as Browncroft

Corners, be approved. A repeat of the

Panorama Plaza situation must be

avoided,

Public Transportation

At the present time a moderate amount of

public transportation to and from the

town of Penfield exists.

Trailways has approximately 17 buses/day

from downtown Rochester to Penfield. They

travel along Penfield Road to Fairport/

Webster Road, to Whalen Road, to Five

Mile Line Road. The first bus leaves

Rochester at 6:40 A.M. and the last at

9:30 P.M. The fare from Rochester to

Penfield is $.50. This service has

some variation on weekends.

The R.T.S. route to Webster crosses

Penfield on Browncroft Blvd. and Creek

Street. Also, R.T.S. has a number of

o1d9

EXHIBIT A

charter buses from Penfield to Kodak.

R.T.S. is looking into "Park and Ride"

service from Panorama Plaza to Rochester

and from Fairport along State Route 250

to Xerox in Webster. Both Park and Ride

projects are in the planning stages and

will be put into service if the need

exists.

School System - Capacity _

In discussions with Penfield School

Board members and Administrators it was

concluded that public school age children

from the moderate income housing develop-

ments already proposed could be handled

within present facilities. They were

aware that the bulk of the increase from

present proposals would be in the area

now served by Harris Hill School.

They indicated that the increase in

school population from moderate income

housing would be gradual as not all the

homes would be built at one time. This

would help assimilation. Also, they

indicated the proposed Middle School

reorganization plan would provide

increased capacity at Harris Hill.

Lastly, if in the future the increase could

not be handled by Harris Hill, the lines

within the School District could be

redrawn. This has occurred over the

years as the population has grown.

Both board members and administrators

asked that they be kept informed of

proposed housing developments as early as

possible, so that their plans for the

52.0

EXHIBIT A

school system can always reflect latest

information. The Webster School System

must also be advised of proposed

developments in the areas of the Town of

Penfield which it covers.

School System - Tax Impact

It is possible to measure the impact of a

moderate income development on school taxes,

and to compare this impact with that of a

"normal" development. Since, however, the

New York State School State Aid formula is

dependent on some factors that are three

years old, these impacts can accurately be

calculated by assuming the two developments

were constructed three years ago. Since

we know the a@tual district assessed

valuation and state aid in those years, the

changes caused by either a moderate income

(high density) development or a high

income (low density) development can be

calculated.

The data in the following comparison has

been compiled and the computations prepared

by the Center for Governmental Research

Inc. (See Appendix M on page 48 for detailed

computations.)

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EXHIBIT A

The conclusions from the above are:

1.

Both developments cause an increase

in the school property tax rate in

the Penfield School District in the

first year.

The increase caused by the high

income (low density) development is

twice as high as the increase caused

by the moderate income development

in the first year. ($1.17 per/1000

vs. .59 per/1000).

The moderate income development

(high density) causes a decrease in

the school property tax rate in the

second and subsequent years.

The residents in the moderate

income development are paying

their "fair share" - in fact,

better than the residents in the

high income development.

924

EXHIBIT A

APPENDIX A

PENFIELD HOUSING TASK FORCE "CHARTER"

Preamble

The Penfield Town Board recognizes that a

shortage of moderate income housing exists

in the County of Monroe, and that the Town

of Penfield has a responsibility to help

alleviate that shortage. We hereby create

the Penfield Housing Task Force and charge

it with the following purpose.

Purpose

To analyze the various presently existing

methods*® by which moderate income housing

can be built in Penfield and to recommend

the types and quantity that should be built.

The recommendations of the Housing Task

Force may also include: 1) Identification

of general or specific locations for

moderate income housing in Penfield, and

2) changes, if any, needed in the Penfield

Zoning laws to permit the construction of

the recommended moderate income housing.

*The work "method" is intended to include

two distinct factors: 1) types of

construction (e.g. single family, duplex,

multiplex, etc.) and, 2) ways in which

moderate income housing can be authorized

and financed by private and governmental

institutions and organizations.

Scope

In preparing recommendations the Housing

Task Force should consider the following

subjects:

525

EXHIBIT A

APPENDIX A (Cont'd)

The opinions and attitudes of the people

of Penfield.

The probable impact the recommendations

of the Task Force will have on the

present residents of the Town.

Penfield's present population, including:

age, income, location of employment,

mobility.

Penfield's present housing, including:

age of housing, property values, cost

of construction, housing mix.

Penfield's geography, including:

important, unique, topographical

features, drainage problem areas, etc.

Penfield's public facilities, including:

sewer system (before and after Pure

Waters project, roads and highways,

school systems (Penfield, Webster,

parochial), shopping areas, parks,

public transportation, public

utilities, water supply.

The Penfield Master Plan.

Penfield's Zoning Ordinance, including

the P.U.D.Ordinance and the Proposed

Revised Zoning Ordinance prepared for

the Town by the Monroe County Planning

Council in 1966.

All relevant information and data avail-

able from: Penfield Town Board, Penfield

Planning Board, Penfield Zoning Board

of Appeals, Penfield Conservation Board,

various public and private resource

centers (e.g.Rochester Center for

920

EXHIBIT A

APPENDIX A (Cont'd)

Governmental and Community Research,

Inc.), the previous Penfield Housing

Committee (Heininger Committee),

builders and builder's associations.

Composition

The Housing Task Force shall be comprised

of residents of the Town of Penfield. The

Chairman shall be Pierre Coste, 107

Woodhaven Drive. The Co-Chairman shall

be Dr. J.Donald Hare, 52 Farmbrook Drive.

Sub-committees of the Housing Task Force

may be established as needed.

Funding

The Town of Penfield will provide funding

in the amount of $500.00 to the Housing

Task Force. Funds will be released only

with the approval of the Town Board after

review of the specific purpose for which

the funds are required. The funding is

not intended as remuneration for Task

Force members services, but rather to

purchase such services as may be needed to

carry out the Task Force's objectives.

Completion of Recommendations

The goal of the Housing Task Force will

be to present its recommendations to the

Penfield Town Board at its June 5, 1972

meeting.

527

EXHIBIT A

- The Monroe County Planning Council

suggests that the Moderate Income

range is from $5,500 to $11,000,

depending on family size.

As contrasted to Moderate Income, "Low

Income" families are generally considered

to be families who could qualify for

public housing. The Rochester Housing

Authority has the following net annual

income limits for admission:

Low Income Limit

One Person - $4,200

Two Persons - $5,200

Four Persons - $5,900

Six Persons ~ $6,800

Eight Persons - $7,800

The F.H.A. (H.U.D.) limits, which are

often used as moderate income limits,

are set at 135% of the Public Housing

limits.

529

on 3 EXHIBIT A

EXHIBIT A APPENDIX C (Cont'd)

APPENDIX C IMPORTANT

OPINION SURVEY - TABULATED QUESTIONNAIRE All replies will remain completely

anonymous.

Your participation is very important

to the success of the survey.

Dear Penfield Resident,

We invite your participation in an

opinion survey which will provide some besic

information about the views of town resi-

dents on the subject of moderate income

housing. Your honest opinions as a Penfield

resident would be greatly appreciated.

Thank you for your interest.

Robert A. Peterson

Survey Coordinator

152 Willow Bend Drive

Penfield, New York 14526

At the regular meeting of March 6, 1972

the Penfield Town Board created the Penfield

Penfield Housing Task Force

Housing Task Force. The task force was

given the responsibility "to analyze the Philip Bailey 1912 Salt Road

various existing methods by which moderate Wendy Bickmore 1849 Blossom Road

income housing can be built in Penfield and Alan Bernstein 129 Shirewood

to recommend the types and quantity that Pierre Costs 107 Woodhaven Drive

should be built." A fundamental require- Roy Everson 2467 Penfield Road

ment was that the Task Force actively Joseph Prate 38 Hitchcock Lane

involve as many Penfield Residents as Thomas Hammo:id 108 Henderson Drive

possible. J.Donald Hare 52 Farmbrook

Clarence Heininger 2048 Five Mile Line Road

You are one of approximately 2,300 Max Holtzberg 50 Old Barn Circle

persons randomly selected from the Town's Thomas Johnston 29 Royal View

voter registration lists to participate in Evelyn Landon 56 Hilltop Drive

the survey. Results of the Survey will be David O'Brien 2 Greenwood Cliff

made public as part of the Housing Task Cornelia Patten 143 Brentwood Drive

Force's report to be presented at the June Robert Peterson 152 Willow Bend Drive

5, 1972 meeting of the Town Board (Penfield Barbara Ruben 140 Holley Brook

Town Hall, 8:00 P.M.). George Shaw 1700 Jackson Road

Edith Wilcox 1736 Jackson Road

Please complete the enclosed question-

naire at your earliest convenience and

return it to the Town Hall in the envelope

provided. Tabulation of replies will

begin shortly.

920

EXHIBIT A

APPENDIX C (Cont .)

SOME POINTS TO CONSIDER.

The Monroe County Planning Council fore-

casts a need for 80,000 add.tional housing

units by 1980 in the County. Of these,

about 35,000 will be required to house

families in the moderate income ranges.

The FHA defines moderate income as yearly

income approximately between $5,000 and

$10,000 (another definition used $6,000 to

$11,000).

Families in this income range can typically

afford housing costing:

$10,000 - $25,000 for an owned dwelling

$100/mo. - $200/mo.for a rented dwelling

Senior citizens, industrial and service

workers, school teachers, policemen,

minority workers, young married couples

are the main users of this type of housing.

The 1970 Census shows 1,242 owner occupied

housing units below $25,000 and 825 renter

occupied ynits below $200/month and 800

mobil homes out of Penfield's total of

7,033 year-round housing units.

Present AA zoning (density and lot size

requirements) and construction costs leave

little chance that single family dwellings

can be built for the moderate income

range in Penfield.

Penfield was one of the first towns in this

area to incorporate a Planned Unit Develop-

ment (PUD) provision into its zoning

ordinance. A PUD provides for a mixture

ey.

,

~~ wo e-

EXHIBIT A

of single and multiple family dwellings and

accessory facilities in a setting which

attempts to preserve the natural features

of the land, .

One of the three PUD's under development

in Penfield has encountered significant

neighborhood resistance.

Urban Development Corporation ( a state

corporation which is exempt from local

zoning ordinances and has the authority

to construct subsidized housing with tax

abatement in areas it selects) has recently

announced plans to construct a 350 unit

town house and apartment complex in the

vicinity of the intersection of Penfield

Road and Nine Mile Point Road.

A law suit has been brought against the

Town of Penfield claiming that the present

zoning ordinance is discriminatory and

unconstitutional.

Although racial bias may be a factor, much

of the concern over moderate income housing

centers around the economic issues of who

pays for schools, sewers, etc. and the

impact on property values.

Dee

EXHIBIT A

APPENDIX C

“(Cont .)

TABULATED

QUESTIONNAIRE

umber of replies

Percent of replies

PLACE A CHECK MARK IN

THE BOX INDICATING

>

THE EXTENT TO WHICH ret

YOU AGREE OR DISAGREE > S

WITH THE STATEMENT | w f

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ARS 3

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1. Decent housing is 7 =e 22 |1oa 154 | Ne.

the right of every 2{ 3} 45] 3] 13] 11%

citizen.

2. All families

should have a choice al ¢

of housing regard- 2M [Wo] 263} 25} 247 INS “

less of their income 3 | !3] 32] 3] 30] i%i”

level.

3. A shortage of low

and moderate income 13 [Te] 350 1101 $7 | 15 [No

housing exists in

Monroe County. 2 {22} 43] i) 1a [Yo

4, Moderate income

housing is primarily |

needed by minority 1% [Yt 1235] Ve) 377 | GH INe

group families. 215129 4) 46/8 |%

aed BE

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EXHIBIT A

5. Housing is an

economic issue-racial

discrimination and 131152] 307} 37 229 |

civil rights are not 2! 19] 371 5 | 28

part of the problem.

6. I would be more

favorable toward an

apartment house or

town house project in | ya01@3 [217

my neighborhood if I '¥41}2

knew the new residents 2| | 37, 10 | 27

had the same economic

educational, and

occupational back-

ground as my neigh-

borhood now has.

7. I would be more

favorable toward an

apartment house or

34

town house project in !® {2%}320) 25 |20

my neighborhood if I 21H

knew the residents

would be contributing

their "fair share" to

finance such town ser-

vices as schools,

sewers, roads, etc.

8. Penfield has the

%o

responsibility to 17 {1001 297] 75 | 1.901136

help alleviate the

shortage of moderate 2 {!2 37] 4 | 23

7]

income housing in

Monroe County.

Do

EXHIBIT A

9. The idea of living

in a town house or

ee 7 (33 | 139) 93 | 367 ap

e a

— if 4 faa] n | ys] ap

10. The idea of living

in a town house or

condominium would 19 55 [251] 130/243 j12 Wo

appeal to me when my ; %

family has grown up. 2 |_ 1131] 16] 30140

ll. I approve of the

federal government

assisting a moderate =T

income family in the !9|50(|!68)43 [275 26 | |Ne

purchase of a home by 2] G| 2i/] S| 34] 32/%

paying part of the :

interest cost of the

mortgage.

"/ WO | $5 [-60 1-35 [-10 1415 [+40 1465 [490

a A 1-90] -65}-wo] -15 [410 [436 | 460 |495 +0

(mBeR) | 1 luo 166 40 [103 ]19 | W0 [205 | yo |27

(percent) ]} 015 1% Jo] 13115 | 14 [25 19 %

230

EXHIBIT A

12. It is desirable

to have communities

which are a residential

mix containing high,

moderate and low in-

come single family

dwellings and moderate

and low income multiple

dwellings.

13. I approve of tax

abatement of local

property taxes to

provide moderate

income housing in

Penfield.

14. Most people I

know feel that when

minority group families

move into a neighbor-

hood there follows

a downgrading of

neighborhood property

values.

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41 J26 | 130] a0 | 259 | 64]No

@ | 3] te] 10] 32133 ]7%

35 lia4 lati} qi | 168/42 [Ne

11 l40] 9 | aol 5 |%

536

EXHIBIT A

>

m4

> a

bo 4 °

Ss by

4 << »

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o & 3)

= » “4 +B) 0)

n wn sc 8 @

S 4 & &

<= of o @& ww ww

eo © O 8 @

» Sy h ” n

e) d &0 2) “4 4

=z2 <i c¢ 2A QA

15. Most people I

know feel that when

Moderate income

groups move into a

neighborhood there .

follows a downgrad- 33 [$5 | 30) 1231395] 45 [Ne

ing of neighbor- 4 15] 16 fe

hood appearance and q 44] ©

property values.

16. I would not

object to the pres-

ence of moderate

income dwellings 32 | 63/277) S! | 239 149 Ne

withing 1/4 mile from

where I now live 4 |B 1/34) 6 | 29/18 fo

(visible from :

present residence)

17. I would not

object to the pres- '

ence of moderate

iS) jt

income dwellings 35 | 67 1336] 62 |'9 20

withing 1/2 mile from 4] 8 [41] 8 [24] 15 %

where I now live

(would pass by them

frequently)

53?

EXHIBIT A

Not Answering

18. I would not

object to the pres- 43,

ence of moderate

income dwellings

within 1 mile from 4y

where I now live

Agree Strongly

Agree

No Opinion

Disagree

Disagree Strongly

18

43)

GI

92

No

53

(would pass by them

occasionally).

19. Private builders

can economically

build and sell

moderate income hous-

ing without govern-

ment subsidy (money).

20. The recently

announced UDC plan

to build 350 low and

moderate income

apartments and town 36

houses near Penfield

Road and Nine Mile a)

Point Road is a step

in the right direction.

NO

TT

ABU

At

ED

Lo

1

244

128

Le

IUG

No

%

1G

20

20

%o

538

EXHIBIT A

21. There is no

shortage of moderate

income housing in

Penfield.

2c. I approve of

tax abatement of

local property

taxes to provide

moderate income

housing in Penfield

for the elderly.

23. The shortage

of moderate income

housing for factory

workers is one of

the reasons some

corporations have

left the Rochester

rea.

24. The only way

moderate income

housing could be

built in Penfield is

to modify the zoning

ordinance to permit

a greater number of

dwelling units per

acre.

>

0

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37 [33 [141 [169 | 307 [124 MMe

5 14 117] 20] 3e i6 fB

(7 [33 |386 | 54 | 140 8) We

2{16j48] 7 J 17 [to ®

NOT TABULATEG %

N TABUYATE D fh

539

EXHIBIT A

25. The Planning

and Zoning Boards

are obliged to

enforce strict

zoning laws in

order to protect

the property

values of the

existing property

owners.

26. It would be

a good idea for the

town to formulate

plans and take

actions which would

provide moderate

income housing of

the type and in the

locations which best

serves the progress

of the town.

Not Answering

27

3

>

re

o

>>

a ae.

na 2 8 @

“4 hy t,

<8) eB) oF oO bD

) Y © a) ray

f Sy n —-

18 a8

265} 350] 53] 103) 23 We

al43fa[3/3 -

47 |43e 59/95 | 57 Me

iS | 54 aio] 4 fF

540

EXHIBIT A

27. Senior citizens

and young families

are usually found

in moderate income

brackets.

28. Most Penfield

residents Il know

would oppose any

moderate income

housing projects.

29. Property taxes

are the best way to

finance schools,

roads, etc.

30. What alternative

to the property tax

would you suggest?

Not answering

28 |

No

>

rd

0

>> >

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b0 y

S »

S . ”

7 .

» 4 ®%

n sc © @®

qa & &

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%o

91 26] 26} 33

29 19} Ww} 244/210

Not TABULATED

Answering

Not

31.

26/3

35.

81/10

$8,000 63

o41

EXHIBIT A

CIRCLE THE SELECTED ANSWER

How long have you lived in Penfield?

a) Less than 1 year 20/3 b) 1-5

years 205/25 c) more than 5

years 557/69

How long do you expect to live in

Penfield?

a) Less than 1 year 28/3 »b)1-5

years 109/13 c) More than 5

years 615/76

What is your sex?

a) Male 390/49 b)Female 360/45

How old are you?

a) 18-25 62/8 b) 26-35 148/18

c) 36-45 218/27 da) 46-55 205/25

e) 56-65 93/11 f) 66 or giter

50/

The moderate income range lies

between ($/yr.):

al 2,000-$7,000 25/3 »b) $3,000-

c) $5,000-$10,000

226/28 d) $7,000-$12,000 234/29

e) $3,000-%13,000 27

f) $7,000-$10,000 156/19

942

~ A:

EXHIBIT A 43

EXHIBIT A

36. What type of dwelling to you and

your family reside in ? 41. Do you feel that you understand

28/3 a) Apartment 30/4 »b) Town House the main issues related to housing

7/1 c)Private Home 709/88 in the Town of Penfield?

d) Mobile Home 34/4 e) Other 57/7 a) yes 556/69 b) no 197/24

2/0

42. Would you attend a public meeting

37. Does your family own or rent to obtain more information and

present dwelling? express your views?

30/4 a) Own (includes mortgaged homes) a) Yes b) No

731/90 b) Rent or Lease 47/6 NOT TABULATED

38. How many members of your immediate

family are under age 18?

32/4 a) 0 279/34 b) 1-2 293/36

c) 3-4 167/21 d) 5 or more

40/5

39. Where does the principle wage

earner in your family work?

111/14 a) Penfield 63/8 b) Webster

104/13 ec) Other town in

Monroe County 95/12 d) City

of Rochester 422/52 e) Outside

Monroe County 16/2

40, Do you feel that more housing

should be available in the Town

of Penfield for:

107/13 Senior Citizens? a) yes 607/75

b) no 95/12

148/18 Young Families? a) yes 523/64

b) no 140/17

177/22 Minority Groups? a) yes 345/43

b) no 289/37

142/18 Moderate income

industrial and

public service a) yes 513/63

workers b) no 156/19

544

EXHIBIT A

MONROE COUNTY PLANNING COUNCIL

TEN YEAR HOUSING TARGETS FOR MONROE COUNTY

Monroe County should construct

80,000 new housing units between now and

1980, Some 55,000 of these are necessary

to accommodate our growing population

while the additional 25,000 are needed to

replace existing housing which is either

substandard already or bound to become so

over the next 10 years. Of these 80,000

units, about 52,000 - 60,000 need to be for

low and moderate income households,

those earning $11,000 per year or less

for a family of four.

Housing Needed for Growth

There are currently 228,554 housing

units in Monroe County serving a population

of 711,917. The calculation for growth is

based upon finding the number of housing

units necessary for a 1980 projected

population of 817,500 after accounting for

persons living in group quarters and

institutions and changing household sizes.

The 1980 population estimate is that

derived for Monroe County by the State

Office of Planning Coordination in 1966

as part of a statewide effort. These

estimates were revised in 1969; but in

the opinion of the staff, the earlier

work was better. The 1969 estimate by

this state office was 807,300 so the higher

estimate at least ensures meeting the

lower as well. Both projections are well

5409

EXHIBIT A

under our own figures developed in 1962

which projected a 1980 population of

867,800. For the past five years we have

been using instead the low estimates which

range between 810,000 and 820,000..Thus,

the 817,500 used in this exercise is

quite reasonable.

Take 1970 population 711,917

Subtract inmates in

institutions 7,345

Subtract persons in :

group quarters 12,231

Remainder is persons

in housing units 692,341

Divide by 1970 occupied

housing units 220,554

Result is persons per

occupied housing unit -

1970 3.14

Since average household size is

expected to decline from 2.7 to 2.5 in the

next ten years, adjust the persons per

occupied housing unit figure accordingly.

Thus, in 1980, the population per occupied

housing unit is estimated at 2.91.

Take projected 1980 population 817,500

Assume 1.03% are inmates 8,420

Assume 1.71% live in group

quarters 13,979

Remainder is projected

persons in housing units 795,101

Divide by 2.91 persons per

occupied housing unit 2.91

Result is number of occupied

housing units by 1980 273,230

546

EXHIBIT A

Require a 3.5% vacancy rate for

market flexibility 9,560

Total housing units needed

in 1980 282,790

Total housing units existing

in 1970 228,554

Needed additional housing

units for growth 54,236

Housing Needed to Replace Existing Sub-

otandard Stock

In addition to building for growth,

we must also replace the existing housing

stock that is substandard. The report of

the Rochester Center for Governmental and

Community Research assumed that a reasonable

estimate could be made by adding together

all the dilapidated housing plus all the

deteriorating housing which also lacks

some plumbing facilities plus one-third

of the deteriorating housing which still

has all plumbing facilities. These

terms were defined and used by the 1960

census. The 1960 figures for Monroe

County were thus:

Dilapidated 3,833

Deteriorating and lacking

some piumbing 2,792

1/3 of Deteriorating with

all plumbing 4.788

TI,413-

Unfortunately, the 1970 census does

not use these definitions of housing

quality. Instead, it measures various

indices of quality, such as presence or

547

EXHIBIT A

absence of various facilities, and leaves

it to the user to define the categories of

substandardness. The Research Center

simply assumed that the 1960 figure was

at least constant and used it as the 1968

estimate. Past history indicates that

the rate of deterioration is 0.26% annually.

Thus, between 1960 and 1970, 482 units per

year became substandard. Since this just

about equals the demolition of existing

units in the County, housing is becoming

substandard at the same rate that sub-

standard housing is being demolished. As

a result, the assumption by the Research

Center seems quite reasonable as an assess-

ment of the amount of existing housing

stock which requires replacement.

To these 11,413 units should be

added another 1,000 units for the relief

of overcrowding. Again, the assumption

that overcrowding is as serious in 1970

as it was in 1960 is a reasonable one; the

1970 census states that there are 9,879

housing units in Monroe County with

greater than 1.01 persons per room,

while the 1960 census showed 9,966 such

units.

Housing Needed to Replace Existing standare

Housing Which Will Either Become Substandard

or be Demolished over the Next 10 Years

As noted above, housing has been

deteriorating at the rate of 0.26% per year.

However, accelerated construction of a

public nature, urban renewal and highway

construction for instance, lead one to

believe that this figure should be increased

948

EXHIBIT A

somewhat. Another reason for doing this

would be the observation that the

housing stock is comparatively old.

Over 50% of the stock is over 40 years

old for instance. Thus, an ongoing

replacement rate of 0.5% annually would be

a decent estimate for this factor. This

would call for 12,800 such units over

the next 10 years.

Summation

In summary, the components of the

1980 housing targets are:

Units needed for growth 54,236

Units to replace existing

substandard units 11,413

Units to relieve over-

crowding 1,000

Units to replace existing

units becoming sub-

standard or being demolished 12 ,800

Total need between 1970 and 1980 79,449

To round off, say 80,000 units

are needed; 55,000 for growth and 25,000

for replacement. If all of the replace-

ment units and between 50-65% of the growth

is required for low and moderate income

families, then 52,000 to 60,000 of these

80,000 units should be directed at that

market.

049

EXHIBIT A

APPENDIX E

Excerpts From

The 1970 Census of Population and

Housing

Penfield population: 23,782

Housing Units:

Age of population:

7,939

Under 5 = 2076

5-14 - 5770

15 =- 24 - 3113

25 =- 34 = 3096

35 - 44 - 3477

45 ~ 54 - 3038

55 - 64 - 1788

65 + - 1364

Population by race: White - 23625

Negro - 60

Oriental- 71

Indian - 16

Other - 10

Housing Units:

Owner occupied: 5681

Renter occupied: 1190

Vacant: 168

Housing Units:

One unit structures: 5123

Two + unit structures: 1110

Mobile homes: 800

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Sringic Rew

Dishe ayhen

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602) Sware Foor

Lot Size

2 Rathes of Home

Less Thon 2.000

Square [oct

3 Baths of Home

2.00 oF Mine

Square fees

02

©XHIBIT A

Cost of Extra reaturcs

Value Natio Curve

Features Relow

Sawdon

47 Asphalt Drweway

No Lawn or

Lands sping

Ne Si rinblers

Ne Carpeung

Neo Fueplace

Composiiion Roof

No Dishwasher

One Car Corace

Twe Ca Corpon

One-Car Carport

Less than 6.000

Square boot Lor

Sue

1% oF Fewer

Baths

1% oF Fewer

Baths

No Av Condwioning NA

No Drayxs

Sengle Oven

No Sell Cheamng

Over

Ne Pavo

No Wer Par

No Fen ing

No Bonus Arcs

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a

NA

NA

NA

NA

NA

NA

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Ares

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Bonus Ares

+ nr commen ferences ther

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NA

NA

NA

NA

5500

prce Gellery ore added to m xte!

Dells:

Ameen

Feavwres Above Sudsreceed From

Siendond Seles Pree

NA NA

Back Lown o tiso

Lomds< oping

Back Sprintions $180

Complere Comeung $250

Two or More $050 cach

Furcplaces

Tike Root $500

NA NA

Three o Mare $800 each

Car Carage

More than 6 000 $0 'S/

Square fan Seware

Lot Site Foot

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Bours SBOE ul) Bach

3 of More 5450/4) Bas

Batrs SHQIP ull Bach

Au Condiwenng $1,200

Eeaporsin ¢ Cooling

Ponsa! Dears $280

Complete Dupes $500

Dew Ne Oven $)00

Sel Cle anung $100

Oven

Povo $200

Wei Bas $400

Femcung $450

NA NA

NA —Nor Apolicable None

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556

EXHIBIT A

APPENDIX I

Ceontd.)

NOTES

1.

Corner lots (AA): Width - 125 ft

Depth - 200 ft

Area - 25,000

sq.ft.

No structure nearer than:

108 ft. from center line of highway

(certain main streets)

90 ft. - other main streets

83 ft. - all other streets (see

section 29-10 - zoning

ordinance )

Corner lots (A): Width - 125 ft.

Depth - 150 ft.

Area - 18,750

sq.ft.

Yards - Apartments or Multiple Dwell-

ings: No structure in excess of 3

stories shall be nearer than 20 ft.

to any interior side or rear lot line.

No structure from 4 to 6 stories

inclusive shall be nearer than 30 ft.

to any interior side or rear lot line.

No structure 7 stories or more in.

height shall be nearer than 40 ft.

to any interior side or rear lot line.

5.

go’

EXHIBIT A

APPENDIX I

(contd.)

Town Houses - Side Yards: Setback of

t. required from center line of a

private road.

Setback of 60 ft. required from center

line of a public road.

Side yard setback of at least the

height of highest adjacent building

and no less than 20 ft. required

between building groups.

Town Houses - Rear Setback: At

least 30 ft. setback from any other

structure or external boundary line.

SINZASUI OOD Ghd TWOILIGIY WOd S2ION ZS

gest cor AVAILABLE

208

EXHIBIT A

909

EXHIBIT A

APPENDIX I

(contd)

NOTES - PLANNED UNIT DEVELOPMENT (PUD)

g° =

i i if

$2 z

7

a4 3

4

s ¢ a

2 )

3 SSeesse

2 i 9 ©S$=3%3

w es ee

3 2 gee eeaa

af peetean &

é é ge 38253

S62oacd

ae | aie b)

3 B

ze H

33

z

d c)

i

2

j « ix |x x x 4 SS 7 [2

§ 5 js Is F 2 2 = ie

; cae OURktlUCUdaEUCURUCOdRR ee ER

5 tk of Ue UBEEe

: xRa BR » & RR ig - >

S < < < < ie >: ¢§ az

$ : . @ & oF AE d)

2 2 , g¢ 2 & j op

3 3 $ 3 2 ¢

3 , *

bf . ae * ° § i

2 aif gc Ho 4 8 gi.

. aes = © | FE8 e)

: —=se & Mm EF iéf'Re# Fis

gE oe F £ 8 © RE alt

: Pee 3s ‘s 2 2° 3 &F

gee ¢ ¢ ¢ ¢ § ff

Ez? fF £ Et EG &

az : :

a 6

i124 s

2 5 e

is

age pege @ze 77 8

~ ~~ ~~ by

Soe oR 632 =r If

Te ao y Yrs

pre seer Efe 858 P

£88 68° 828 4

Horizontal Structures - including

garages shall not occupy more than

20% of the land allocated to the

multiple dwelling portion of the

PUD.

Parking - Each dwelling must have

(2) adequate parking spaces, (1)

of which shall be an enclosed

garage.

Average Density - 9 dwellings per

acre for town

houses,

12 dwellings per

acre for apart-

ments.

Distance between multiple unit

buildings - not less than height of

tallest building.

Front Set Back -

State, count major town roads -

109 ft. from ghway line

Internal subdivision feeder &

Collector streets - 50 ft. from

street line

Totally internal streets - 30 ft.

from street line

f)

g)

260

EXHIBIT A

APPENDIX I

(cont .)

Accessory Commercial and Service

Uses - For those developments in

excess of 100 acres, commercial and

service uses of not over 2% of the

total acreage are permitted (where

such services are scaled primarily

to serve the needs of the PUD).

Customary Accessory or Associated

Uses - such as private garages, stor-

age spaces, recreational and commun-

ity activities, churches, and

schools shall be permitted or

required as appropriate to the PUD.

o64

EXHIBIT A

APPENDIX J

ESTIMATE OF HOUSING COSTS IN PENFIELD'S

PROPOSE -U.D.S

All builders interviewed emphasized the

point that none of their price quotations

were "carved in stone", Every day of

delay forces prices higher.

WILLOW POND PUD - Standco

104 acres 5 Units per acre. 518 Units

Low High Type Sale or rent Cost

80 Elderly Rent $43.00 mo.

(sub.)

44 Town houses Sale low 20s

48 Town houses Rent 2?

l2 Garden Apts.

(1 B.R.) Rent $160-$200

mo.

121 Garden Apts.

(2+B.R.) Rent $200-$300

mo,

134 Duplexes Sale mid 20s

12 O Lot line Sale mid 20s

17 Single-A Sale $27,000-

$35,000

50 Single-B-C Sale $25 ,000-

$30,000

a62

EXHIBIT A

APPENDIX J (cont.)

BEACON HILLS - J.Audino

97 acres 3.13 units per acre 313 units

134 above $25,000 \10% AA

161 Single 16% A

#27 - $22,130-

$24,900 7%

313 (840-1000

sq.ft.-

2-B.R.some

expandible)

152 Quadraplexes - rental only -

$200 mo. and up

*7% of 97=6.79 x 4 units per a. = 27 homes.

(These homes were originally planned for

around $19,800 - $22,000 when 378 units

were allowed. $172.90 a month would have

carried one of these. The $24,900 home

would now cost $189.85 a month (including

$50 taxes) with a conventional mortgage.

263

EXHIBIT A

APPENDIX J (contd)

ROCK LAKE - J. Odenbach

168 acres 4.68 units per acre. 784 units

Open hearing of the Planning Board -

March 22, 1971

AA-2 per acre - 37

A -3 per acre - 76

B -3 per acre - 106

C -4 per acre - 90

Town houses - 136 (2-3 B.R.)

Apartments - 336 (1-2 B.R.)

No specific costs were mentioned. Homes

would range from the low 20s to the high

40s with "an effort to keep the mix toward

the lower end",

Mr, Odenbach says that at the present

density they cannot build the type of

community they had planned, so they are

virtually giving up the idea for the

moment and are in no position to estimate

costs of housing. Also the sewer problems

would limit any ground breaking in the

area till at least 1974.

964 |

EXHIBIT A

APPENDIX K

FHA = Sections 235, 236 Summary

INTEREST SUPPLEMENTS ON HOME MORTGAGES

A program to enable lower-income families to buy a homo or a momber-

ship in 3 cooperative housing project

Nature of Procram

HUD makes monthly payments to the morigagee to reduce interest costs to

as low as 1 percent on a home mortgage insured by the Feceral Housing

Administration, The homeowner must pay at least 20 percent of his

adjusicd monthly income on the mortgage. Amounts of subsidies vary

according to the income of the individual homeowner and the total amount

of the mortgase payment at the market rate of interest. Family ir.come and

Morigage limits ere established for eligibility in each locality. Assistance

may be provided for new or substantially rehabilitated homes and, in a

limited number of cases, for existing homes without rehabilitation.

Applicant Eligibility

The applicant may be anyone whose income qualifies him for the subsidy

aid,

Application is mace to 8 lending institution approved by FHA as e@

mortgagee.

Information Source

HUD arca office or HUD-FHA insuring office.

Legal Authority

Section 235, National Housing Act (Public Lew 73-479), as added by the

Housing and Urban Development Act of 1968 (Public Law 90-448),

Administering Office Function

Assistant Secretary for Housing Aid development and

Production and Mortgage Credit= construction

FHA Commissioner

Assistant Scerctary for Hous Management and foan servicing

inn Pfanscaameant far multifamily nrnieerre

INTEREST SUPPLEMENTS ON RENTAL AND

COOPERATIVE HOUSING MORTGAGES

A program to seduce costs on certain rental and cooperate housing

projects designed for occupancy by low-income families

Nature of Program

HUD -inakes monthly payments to mortgagees, on behalf of mortgogors, of

a part of the interest on market-rate mortgages financing rental or

cooperative housing projects for lower-income families. Interest-reduct.on

payments nay also be made on rental of cooperative housing frolcts

owned by private nonprofit, limited dividend, of Cooperative entities which

are finunced wonder a State of local program providing ac.istance throcgh

loans, low insurance, or tax abatement,

Interest reduction payments cannot exceed the difference betwcen the

amount required for principal, interest, and Mortgege msuratce premium

on a market-rate mortgage and the amount requied for principal isd

interest On a mortgaye at 1 percert interest. The purpose of the payments

is to bring the monthly rental charges down to a level that low-income

families can afford to pay with at least 25 percent of their adjusted

monthly income.

Applicant Eligibility

Applicants for mortgages insured by the Federal Housing Adminis:ration

and for interest-reduction payments may be nonprofit, lmitcd-dividend,

and cooperative entities.

Applications for insured mortgages are made to lending institutions ap-

proved by FHA as mortgagees.

Applications for interest-reduction payments where no FHA insurance is

involve! are made directly to the local FHA insuring office.

Information Source

HUD area office or HUD-FHA insuring office.

Legal Authority

Section 236, National Housing Act (Public Law 73-479), as added by the

Housing and Urban Development Act of 1968 (Public Law 90-448).

Administering Office Function

Assistant Secretary for Housing Aid development and

Production and Mortgage Credit— . construction

FHA Commissioner

Assistant Secretary for Hous- Management and loan servicing

. “* . ae @.-e “*.

260

EXHIBIT A

APPENDIX L

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

BUFFALO AREA OFFICE

560 MAIN STREET

BUFFALO, NEW YORK 14202

SECTION 235 REGULATIONS

To assist lower income families in acquir-

ing homeownership through reduced interest

cost.

Minimum Interest - 1%

Maximum Interest ~— 7%

Maximum Term - 32 years (35 to 40 upon

special authorization).

Miminum Term - 25 years, or 75% of rem-

aining economic life of property.

Maximum Mortgage Amount - See Schedule A

for Mortgage Amounts in your locality.

Eligible Properties

1. New or Substantially rehabilitated

Single family dwellings approved by

HUD prior to construction or rehabili-

tation.

2. Rehabilitated two-family dwelling to

be owner-occupied, approved by HUD

prior to rehabilitation.

3. One-family unit in a condominium,

completed within past two years,

(project must have been HUD insured

if more than 11 units).

26?

EXHIBIT A

APPENDIX L (Cont'd)

4, An existing family dwelling or a

family unit in an existing condom-

inium which is to be occupied by a

mortgagor of one of the following

types:

a) A family displaced by Govern-

ment action or major disaster,

b) A family moving from low-rent

public housing.

c) A family with 5 or more minor

persons living in the househdld.

ae Existing dwelling without regard to l

through 4 above, limited to the

availability of funds.

Refinancing transactions ineligible,

Sales price control - Property may not be

Sold to the purchaser

for more than HUD

Estimate of Value

(including closing

costs)

Minimum Investment - $200.00 may be applied

to pre-payable expens-

es.

Eligible Mortgagors

1. Family of two or more persons related

by blood, marriage or operation of law

who occupy the same unit.

2. A handicapped person (physical impair-

ment which is expected to be of a long,

continued and indefinite duration).

3.

263

DIX Pet A

APPENDIX L (Cont'd)

Single person 62 years or age or older.

Mortgage Income Limits

he

Regular adjusted family income - See

Schedule B,

Adjusted family income is calculated as

follows:

(Gross income of all working members of

the family excluding temporary over-

time ), less 5% (allowance for Social

Security, withholding, etc.) and less

$300 for each minor child living in

the household, )

Asset Limitations

1. Mortgagor UNDER Age 62* - $2,000.

2. Mortgagor OVER Age 62* - $5,000.

** PLUS $500 for each dependent child,

plus applicant's share of mortzage

payment. Auto and furniture not

considered.

Assistance Payment - Lesser of the two:

1. The difference between the total

monthly payment (mortgage insurance

premium, principal, interest 7%,

taxes, hazard insurance) and 20% of

the mortgagor's adjusted monthly in-

come.

e. The difference between the monthly

payment, principal, interest 7%, and

mortgage insurance premium under the

mortgage and the monthly payment to

the principal and interest that

o69

EXHIBIT A

APPENDIX L (Cont'd)

would require an interest rate of 1%,

excluding HUD premium.

Re-Certification of Income - Minimum

every two

years.

Application Fee - $40 Existing.

$50 Proposed.

How to Apply for Section 235 Mortgage

Insurance:

1. Outstanding Conditional Commitment

issued under Section 203(b) or

Section 221(d)(2) may be converted

to Section 235 Firm Commitments.

2. Approved mortgagees will submit

application, Form 2900, with the

usual exhibits and Form 3100,

Application for Home Ownership

Assistance under Section 235.

SPECIAL NOTE: Builders or sellers who

anticipate the sale of

homes under Section 235

may request the reserva-

tion of interest subsidy

funds from this Office.

SCHEDULE B

ADJUSTED FAMILY INCOME LIMITS

COUNTY OR

LOCALITY NUMBER OF PERSONS IN FAMILY

1 2 3 4 5 6 7 8 9 10

Alleghany 5,265 6,075 6,885 7,290 7,695 8,100 8,505 8,910 9,180 9,450

Seer engneS »STS 6,480 7,290 7, ,695 8,100 8. ,505 8: »910 9,315 9,585 9,855

eneca

<

_ Nation 4,320 4,860 5,400 6,010 6,550 7,155 7,695 8 »305 8,305 8,305

m & Chautauqua4 ,860 5,670 6,480 7,020 7,425 7,900 8,305 8. 9775 8 »775 8, 9775

ue m Chemung 5,400 6,210 6,885 7,290 7,695 8,100 8. »505 8. ,910 9, 180 9, "450

= Elmira 55350 6,240 6,535 6,835 6,980 7,130 7,425 7,725 7,725 7,725

es Erie 5,995 6,480 7,290 8; »335 8,335 9,545 9, ,545 10, 22510, 49510, 735

Lackawanna5 ,130 5,400 6,210 6,480 0 6,885 7,290 7.560 7,830 7,830 7, 830

Genesee 5,265 6,480 7,155 7,695 8,235 8,775 9,180 9,585 9,585 9,585

Livingston5,940 6,750 7,560 7,965 8,370 8,775 9,180 9, 585 9,855 10,125

Monroe 5,670 7,020 7,560 7,965 8,505 9,180 9, 5855 9,990 10,12510, 395

Niagara 5,400 6,480 7,290 7,830 8,370 8,910 9, 450 9.800 9,990 10, 260

Ontario 6,075 6,885 7,695 8,100 8,505 8. 910 9,315 9,720 9,990)0, 260

Orleans 5,940 6,750 7,560 7,965 8,370 8.775 9,180 9,585 9, , 855 10, 125

Schuyler 5,400 6,210 7,020 7,425 7,830 8. ,235 8 *640 9,045 9,315 9, 5585

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EXHIBIT A

APPENDIX M

COMPARISON OF TAX RATE IMPACTS OF A

HIGH DENSITY DEVELOPMENT AND A

LOW DENSITY DEVELOPMENT ON A SCHOOL DISTRICT

To accurately determine the impact of a

future residential development of any kind

upon school taxes, one would require know-

ledge of all possible future changes in

educational state aid formulas which

largely determine the size of the local tax

burden. Such knowledge, of course, does

not exist. The only alternative available,

therefore, is to estimate present tax

impacts on the assumption that the residen-

tial development has already been built and

that its children are already attending

Schools. In other words, what would this

year's tax rate be if both a high density

development, and an additional conventional

development, had been built in the recent

past?

The tax impact of any residential develop-

ment with school children varies for three

years until it reaches a point of stabili-

zation. This is due to the present state

aid formula system and the Monroe County

Sales Tax distribtuion method which fully

recognize additional full valuation and

enrollment only two years after they have

been added to a school district.

In the interim period the state aid formula

provides a transitional "growth aid" for

the first year and a similar amount for the

second year resulting from the application

of an adjusted aid ratio to increased

old

EXHIBIT A

APPENDIX M (Cont'd)

operating expenses eligible for aid. In

the third year after the construction of a

residential project the tax impact will

ote

EXHIBIT A

APPENDIX M (Cont'd)

1. Computation of the Tax Base for a Low

Density (1.75 unit/acre) Project.

stabilize because its full valuation then a. 65 times $37,500 = $ 2 ,437,500.00

has been incorporated into the computation b. times $ = ¢

of the aid ratio for that year and its c. Sub total $

enrollment has been included in the distrib- d. Minus present Full

ution formula for the Monroe County Sales Value of site $ 30,810.81

Tax. e, Net increase in Full 7

Valuation $ 2,406,689.19

The calculations on the following pages f. Present Full Valu-

demonstrate in detail the fiscal effects ation of school

of the addition of the two developments. district $197.375.244.00

g. New Full Valuation SULPLATOEEL FUL

Computation of per pupil costs multiplier

a.

Total 1971-72

appropriations/

pupil $

Minus principal

and interest on

debt service/pupil $ 202.07

Minus Operation and

Maintenance of

plant/ pupil $ 132.06

Minus board of

education expense/

pupil $ 5.50

Minus other/pupil $

Net cost per

additional pupil $

1,647.79

1, 308.16

Additional cost for 115

150 , 438.40

new pupils $

atu

EXHIBIT A

APPENDIX M (Cont'd)

2. Computation of the Tax Base for

Density (9.5 units/acre) Project

a High

a. times $ = $

b. 350 times $18,400 = $ 6,5090.000.00

‘¢.Sub total $

ad. Minus present Full

Value of site t 30,810.81

e. Net increase in

Full Valuation $ 6,409,189.19

f. Present Full

Valuation of

school district $ 197,325,244.00

€. New Full Valuation ¥$ 203,739, 033.00

Computation of per pupil costs multiplier.

a. Total 1971-72

appropriations/

pupil $ 1,647.79

b. Minus principal and

interest of debt

service/pupil $ 202.07

c. Minus Operation and

Maintenance of

plant /pupil $ 132.06

ad. Minus board of

education expense/

pupil $ 5.50

e. Minus other/pupil $

f. Net cost per

additional pupil $ 1, 308.16

Additional cost for 175 new

pupils $ 4228 .928.00

odd

EXHIBIT A

APPENDIX M (Cont'd)

Average Full Value

Tax Rate/1000 $ 22.98

Equalization Rate $ oan

Assessed Value

Tax Rate/1000

Assessed $ 62.112

Tax Impact in 1971-72 if project had been

completed by first quarter of 1971-72.

Low Density High Density

Project Project

1. Growth Aid

a.

Actual 1971-$ -0- $ -0-

72

38,624.10

b. New $ 8,913.25 ¢$

c. Increase $ 5913.25 $ 38,624.10

1971-72 Tax |

Impact

a.

b.

Gross add.

cost $150, 438.40

Growth aid

incr.

Net cost

increase

Net change

in Pull

Value Tax

Rate #.43 If on 71-72

niet rolls +.21

$228,928.00

$ 8,913.25 $ 38,624.10

$141,525.15 $190,303.90

Net change in

assessed

value.

Tax rate/1000

assessed

value +1.17 +.594

a3

EXHIBIT A

APPENDIX M (Cont'd)

Tax impact in 1971-72 if project had been

completed by first quarter of 1970-71.

l.

A

u

8)

E

A

a.

id ratio

nchanged 0.571

perating

xpense

id

WADA for $ 6,050.35

0.571

$ 6,050.35

aid

present

- WADA for

aid new $ 6,165.35

$ 6,225.35

. Operating

exp.aid

present $2,971,084.87

$2 ,971.084.87

. Operating

exp. aid

new $3,027,556.77

$3,057 .028 . 37

. Aid increase

$ 56,471.90

$ 85,935.50

Building Aid. No change

Transport-

ation Aid

$ 289,881.99

a. Present

b. New $ 295.391.00

No change

$ 289,881.99

$__ 298,206.52

c. Aid

increase$ 5,509.83

$ 8, 384.53

High Tax

Rate Aid

2

a. Present $ 2,135.79

b. New $ 24,661.52

c. Increase$ 2,525.73

$ -0-

vid

EXHIBIT A

APPENDIX M (Cont'd)

6. 1971-72

Tax Impact

a. Gross

Addit.

cost $ 150,438.40 ¢ 228,928.00

-Op.aid

incr. $ 56,471.90 $

5,509.83 $

85 5935.50

8, 384.53

-Tr.aid

incr. $

-High tax

rate aid

incr, $

b. Net

cost

increase $

c.Net

change in

full Value +.15 -.06

d.Net change

in Assess-

ed Value

Tax Rate/

1000 Assess-

ed Value +. 405 ~.162

2,525.73 $ -0-

85,930.94 $ 134,607.97

Tax Impact in 1971-72 if project had been

completed by first quarter of 1969-70.

Low Density High Density

1. Aid ratio

a. Present 0.571 0.571

b. New 0.573 .

a8u

EXHIBIT A

APPENDIX m (Cont'd)

. Op.,Expense Low Density High Density

Aid,

a. Present $2,971,084.87 $2,971,084.87

b. New $3,038,101.17 $3,090,958.07

c. Aid

increase $ 67,076.30 $ 69,874.10

. Building Aid

Present $ 513,883.51

: $ 513,883.51

. New $ 515,683.95 § 511,183.50

. Aid

increase $ 1,799.94 $ -2,699.91

. Transporta-

tion Aid

a. Present $ 289,881.99 $ 289,881.99

b. New $ 295,391.82 § 298 266.50

ec. Aid

increase $ 5,509.83 $ 8,384.53

. High Tax

Rate Aid

a.Present $ 22,135.79 $ 22,135.79

b .New $__ 35,787.86 $17,057.23

c.Aid

increase $ 12,652.07 $ -4,478.56

Additional

Sales Tax

allocation $ 9,048.20 ¢$ 13,769.00

1971-72 Tax

Impact.

a. Gross

Addit.

cost $ 150,438.40 $ 228,928.00

~Op.aid

incr. $ 67,076.30 $ 69,874.10

oS 4

EXHIBIT A

APPENDIX M (Cont'd)

Low Density High Density

-Build.

aid incr.

$ 1,799.94

-Trans.aid

incr, $ 5,509.83

$

$

-High tax

rate aid

-Sales tax

incr,

b.Net incr-

ease (sur-

plus)

c.Net change

in Full

Value -.01 -.02

d.Net change

in Assessed

Value

Tax Rate/

1000 Assessed

Value -.029 -.054

12,652.07

9,048 .20

aed

54,352.05 $ 144,078.84

Summary

1971-72 Full Value Tax Rate Impacts

Low Density High Density

Project Project

lst Year Project +43 +,21

2nd Year +.15 -.06

3rd and Subsequent

years -.01 -.02

BEST COPY AVATLABLE

983

IBIT C

EXH

eC

Cu

“uy

Population by Race

Monroe County,

City and Towns

1960,1964, 1970

Total Pop. White Negro Other

Monroe County 586,387 561,321 23,184 882

City of Roch. 318,611 294, 383 23,586 642

Balance of

County 267,776 266 ,938 598

Brighton 27,849 27,762 51

Chili 11,237 11,195 23

Clarkson 2,339 2,297 4}

Gates 13,755 13,738 5

Greece 48,670 48,516 12

Hamlin 2,755 2,704 40

Henrietta 11,598 11,574 ll

Irondequoit 55,337 55,277 34

Mendon 3,902 3,894 5

Ogden 7,262 7,247 6

Parma 6,277 6,227 4k

Penfield 12,601 12,572 23

Perinton 16,314 16,299 8

Pittsford 15,156 7 15,134 16

Riga 2, 800 2,781 16

VS GovieCumrur OVTLAYS Fok wal OLS FuNcrions

- FISCAL YEAR

(mMicvions o} DOLLARS )

FUSCTioN 19) 19u2 \9b2 he ‘96S 19Gb 1&7 19bB 1969 Wo 199) 1972" 1973"

— os ths 98 37 8) 341 476 448 871 1260 1243 1674 L¢

S50 19) Q - -)anc Zi ; F : 2 OL6

ALL nis man een 18 se4 eS Bet Zee Fore 1961 2965 3357 $039 4 sis

18430 134 WS2 Ise 2s¢ 8 833 18+, S48 19% $88 211 425 234610 24425)

;

COMMUNITY DEVELOPMENT & HouSING

*

on ESTIMATED

7

= NoTES: ALL = ToTAL FEDERAL OVTLAYS FoR ALL PLR POSES

= SSO = TerAL FEDEPAL OUTLAYS TFo2

C INCLUDES HuD E CFO). NIEGAT iWe

PrCEIPTS From “MAINT EN) Ance

ANDO DEDUCTIONS For

TOTAL Ty:

)

NUMBI rS

INDICATE |REFLUENCE or

ING MORTGAGE mA2KET (Sse) ”

OTHER RECEIPTS

AND MoDERATE

OF Hous

OFFSET TING

ODERAL OvuTLAYS roe

D e a > Fok Low INCOME HOUSING

SvUeZSIUIizgeD HO

SUSING PAYMEWTs SPECIAL ASSIST

: N

& CEHARILIT AT Ion LoANS). : )

AiDs C INCLUDES

ToTAL. Sv@siDi2tD —p S

ry Ntiw € Re WAP. UNIT 34 » aes _ aad

1969 IG} bo 6 .

191, 600 198 4 “* Sovce-"Twi2o auuvaL ge -

1910 so + 806 3) .

: ; 31¢ 600 PoekT oN HOUSING Goacs”*

991 S36 200 SeS 600 J 2 '

, ~~) 2 UNE 9 1991 U. ‘ 2

wo a ci i pe ’ P 3. GevEeN MENT

PEIWTING Office

VF VinkeEYy

AIinmainng

Monroe County

City of Roch.

Balance of

County

Brighton

Chile

Clarkson

Gates

Greece

Hamlin

Henrietta

Irondequoit

Mendon

Ogden

Parma

Penfield

Perinton

Pittsford

Riga

Rush

Sweden

Rush

Sweden

Webster

Wheatland

1964

Total Pop.

625,128

305,849

319,279

29,898

13,068

2,807

16,405

59,059

3,152

17,821

60,704

4177

9,399

8, 350

17,337

20,416

18,962

;3,209

2,840

8,377

Total Pop.

2,555

7,224

16,434

3,711

1960

White

White

591,634

273,509

318,125

29,759

13,016

2,744

16, 385

58,995

3,077

60,711

4,175

9,379

8,294

17,288

20,393

18,922

3,191

2,703

8,289

2,439

7,186

16,406

35590

(cont'd. )

Negro

105

37

10

111

986

EXHIBIT

Qn

\

Monroe County

City of Roch

Balance of

County

Brighton

Chili

Clarkson

Gates

Greece

Hamlin

Henrietta

Irondequoit

Mendon

Ogden

Parma

Penfield

Perinton

Pittsford

Riga

Rush

Webster

Wheatland

1970

Total Pop.

711,917

296 ,233

415,684

35,065

19,609

3,642

26,444

75,136

4167

33,017

63,675

4541

11,736

10,748

23,782

31,568

25,058

3,746

3,287

White

655,821

244,118

411,703

34,453

19,417

3,575

26,280

74,704

4 093

32,259

63,355

4 534

11,656

10,652

23,625

31,446

24,879

3,697

3,137

1964 (cont'd.)

Total Pop.

19,284

4,014

White

19,050

3,903

oO

“uD

288

SXHIBIT C

EXHIBIT D

Re-Capitulation of the 1971-72 tax roll

Taxable and partially exempt properties

by Categories

Category

Residences

Farms

Vacant Land

Trailer Parks

Shopping Centers

Commercial Bldgs.

Industries

Gas Stations

Apartments

Country Club &

Recreational

properties

Utilities

Special Franchise

Railroad

No of Accts

assessed value

5143

322

692

$47,484,450

3,312,900

1,996,900

1,852,400

2,643,500

3,428,800

911,400

493,200

4,597,600

165, 300

2,498,288

2,266,605

10,700

Total 6352

1970 (cont'd.)

Total Pop.

Sweden 11,461

Webster 24,739

Wheatland 4 265

White

11,256

24,549

4 136

$71,664,043

102

O94

EXHIBIT D

290

XHIBIT D

bo]

J

os

Re-Capitulation of the 1970-71 tax roll

by Categories

Taxable and partially exempt properties

Category No of Accts Assessed Value

Residences 4g24 $45,568,800

Farms 322 3,235,500

Vacant land 731 2,274,200

Trailer Parks 5 1,811,900

Shopping Centers 6 2,147,200

Commercial Bldgs. 116 3,680,000

Industries 13 917,800

Gas Stations 21 540,100

Apartments 14 4 520,700

Country Club 1 70,400

Utilities 12 2, 387,700

Special Franchise 4 1,996,452

Railroad 1 14,672

Total 6170 $69,165,424

Veterans exemptions on above 1,237,900

Aged exemptions on above 117 , 300

Ministers' exemptions on above 3,000

Taxable and partially exempt properties (Cont'd)

assessed value

given by Veteran exemptions on above $ 1,270,900

vet .bur, Aged exemptions on above 262,250

(1500 ea) Ministers' exemptions on above 4 500

Fully Exempt properties

Churches 13 $ 1,141,600

Parsonages 12 107 ,000

School s 12 4 521,200

School land vacant 7 38,100

Church land vacant 4 8,500

Miscellaneous vacant land 16 87 ,600

Exempt properties _26 97,500

Total 90 $ 6,881,500

O98

EXHIBIT D

292

EXHIBIT D

Re-Capitulation of the 1969-70 tax roll

ty Categories

Taxable and partially exempt properties

Category No of Accts Assessed value

Residences 4801 $29,981,200

Farms 326 2,055,100

Vacant land 752 815, 300

Trailer Parks 5 1,128,300

Shopping Centers 5 1,303,500

Commercial Bldgs. 101 2,076,100

Industries 13 653,800

Gas Stations 23 234,900

Apartments 13 2,647,700

Country Club 1 44,100

Utilities 13 1,235,900

Special Franchise 4 1,297,960

Railroad | 1 11,696

Total 6058 $43,489 556

Veterans exemptions on above 1,110,900

Aged exemptions on above 72,000

Ministers' exemptions on above 3,000

Fully exempt properties

Churches 12 $ 756,000

Parsonages 12 107,000

Schools 12 3,897,000

School land vacant 6 , 74,600

Churah land vacant 5 8,500

Miscellaneous vacant land 15 111,700

Exempt properties 25 943,700

(Town, County parks,

cemeteries, etc.)

Total 87 $5,898,500

990

EXHIBIT D

o94

EXHIBIT D

Re-Capitulation of the 1968-69 tax roll

by Categories

Taxable and partially exempt properties

Category No of Accts

Residences 4669

Farms 301

Vacant land 771

Trailer Parks 5

Shopping Centers 5

Commercial Bldgs. 93

Industries 13

Gas Stations 21

Apartments 12

Country Club 1

Utilities 13

Special Franchise 4

Railroad 1

Total 5909

Veterans exemptions on above

Aged exemptions on above

Ministers' exemptions on above

Fully exempt properties

Churches 12

Parsonages ll

Schools 12

School land 6

Church land 4

Miscellaneous vacant land 14

Exempt properties 23

(Town, County parks,

cemeteries, etc.)

Total 82

Assessed value

$28,417,000

1,844,000

855,700

1,172,600

1,296, 300

1,918,600

634.700

218,900

2,217, 300

38,100

798 , 800

1,280,186

13,367

$40,708 ,553

970,200

73,750

3,000

$ 459,200

62,400

2,890,700

13,500

3,500

32 , 300

614,700

$4,076 , 300

097

qr

nd =)

<)

EXHIBIT D EXHIBIT D

~ZANNWA

OnrP Deans

eoucrorrisc

35833394 ;

EBA SAA ¥ PROPERTY VALUES

) be “2p ©

aoe Dp i The relationship which assessed value of a

oc os an

Q

“ee a: municipality bears to its full value is

m

.. determined annually by the state in order

aa |

“es to insure the equitable distribution of

- items which are levied or disbursed ad

fe)

. o valorem among the various municipalities.

be be

ea This ratio of assessed to full value,

4)

A or "equalization rate," for the Town

3

= hs — of Penfield is shown for past years

= MLW OVM OM beg

| in Table. It is strongly

)

4s

@

%

ct

©

“”

a Aaa

WW MN

Xo OV ‘© -_

OV Nm Mme UU

W UWIMWw O NWO

rn yw =—N™

© > ee ee ee Ee)

© oh eke keh eke)

999

EXHIBIT D

o90d

EXHIBIT D

” n

S4 3)

= »

wo > @

GHilpeuw &

5‘

<i 3 oO >

On Cvs

4 oOo r;rocsc

ts] An 3 w

— Ai soaT po

Ae AKIO OV ado »

- VI Oia N c

» Aiic “7A o® ®

c Slice owes

° Oe anak @

©) =i | Fe oe

~~ wlolseore

n ©

ml oleloa 2

fx) =) <P oe

~

=) oPis SES.

rea) ol® Q, °

<| Ajela Sar m>

E ViDiWMw Ow

ciYPic ov c

HweHiDod

ms ma oO %EO

Gi o}eo wrt» +

ALCO oO ats.

VIPIO LT Oa wa

8) omawonaas

Ars OND aw

IO MQeHinoh

Source

TABLE B

ASSESSED VALUE OF EXEMPT AND TAXABLE PROPERTY REAL & FRANCHISE,

STATE AND COUNTY EQUALIZATION RATES, 1950 - 1965

Town of Penri (Current Dollars)

eld, New York

Taxable Taxable Total

Tax Real Franchise Taxable

Year aaa aoe ay psy

1966 2 , , y) ’ ’ , ’ 2

1965 28,619,595 1,065,933 29 ,685 ,528

1964 26,079,021 974,996 27,054,017

1963 24,248,420 875,284 25,123,704

1962 22,418,960 806,475 23,225,435

1961 20,125,660 686,185 20,811,845

1960 14,916,860 738,892 15,655,752

1959 13,033,460 713,817 13,747,277

1958 12,032,660 632,872 12,665,532

1957 10,780,960 544,292 11,325,252

1956 9,333,140 469,326 9,802,466

1955 8,249,660 496,215 8,745,875

1954 7,822,560 417,600 8,240,160

1953 7,117,652 335,120 7,452,772

1952 6,368,570 310,760 6,679,330

1951 5,755,130 284,360 6,039,490

1950 5,196,188 07,400 5,463,588

Wholly

Exempt

Property

2,282,700

2°168-800

1,963,800

1,225,700

948° 400

857,700

764, 400

447,900

464,724

294, 400

294, 400

294,400

294,400

294400

Equalization

Rate (2%)

County State

28 28

29 28

30 29

34 30

37 34

39 30

38 38

38 38

35 38

49 49

49 49

90 90

80 80

80 80

80 80

80 80

601

EXHIBIT E

E

EXHIBIT

Religious Communities

Churches

Parsonages

Clergymen, Residences

Paraplegic Pensioners

Fall Out Shelter

Housing Projects

Pensioners

Grand Total

United States of America

State of New York

County of Monroe

(Civic Center)

County of Monroe & City

of Rochester

City of Rochester

City of Rochester -

only

City of Rochester - Land

& Buildings

Subway

Public Schools

Educational

land

1962 - 1963 1963 - 1964 1964 - 1965

978,820 978,820 950,190

20,665,240 21,774,200 21,349,680

1,193,230 1,272,610 1,325,730

151,500 102,000 154,500

26,740 26,740 21,940

3,090 6, 390

0 0 0

170, 345,524 170,138,331 168,795,635

13,841, 330 13,917,555 13,800,715

184,186,854 184,055, 886 182,596,350

EXEMPT PROPERTY TOTALS

as of July lst,

1962 - 1963

3,970,770

26,186,551

5,071,286

1,180,943

31,736, 315

6,693,764

28,103,502

22,018,480

Libraries 1,420,644

Character Building Agencies 4,039, 330

Clubs and Associations 3,219,690

Charitable

Cemete rie:

11,063,042

1,302,910

1963 - 1964

3,970,770

18,637,082

6,039,223

1,190,943

32,188,445

1,151,198

273,050

6,695,274

32,140,652

23,124,510

1,338,044

4,049,950

3,215,010

10,663,810

1,302,910

1964 - 1965

3,970,770

18,631,500

7,110, 393

1,190,943

30, 862.764

1,394,405

Religious Communities

Churches

Parsonag

Clergymen, Residences

Pa araplegic Pens

Shelter

Fall Out

Housing Proje

sioners

CTS

21,605,180

1,355,550

148,500

21,940

6,390

0

1967 - 1968

912,830

21,867, 360

1,390,740

139,500

35,940

3,640

6,055,919

1968 - 1969

920,190

21,788,920

1,383,680

138,000

35,940

3,640

7,335,179

173,684,273

184,849,684

190,150,211

- Pensioners 13,963,525 13,797,045 13,481,745

ok

- ™ Grand Total 187,647,798 198,646,729 203,631,956

ra

= Aged Exemptions 5,646,590

209,278,546

Grand Total

United States of America 3,970,770 4,518,230 4,518,230

State dl New York 18,713,379 14,846,086 14,855,847

County (Mepreen. mater) 8,169,287 8,957,677 11,041,425

nte

County of Monroe & City

of Rochester 174,660 174,660 174,660

~) City of nochester 31,678,950 30,715,351 30 ,668 ,533

ape City of Rochester-Land only 1,046,257 3,228,231 4,752,361

=~, o City of Ro senha Land

es 4 & Buildings 267,470 3,760,930 1,954,516

= Subway 6,690,274 6,709,884 6.709.614

>< eu ) > > | ’ > 5)

ji Public Schools , 8,605,512 28,662,992 30 53.572

Educational 6,601, 850 28,288,290 28,588,290

Libraries 1,420,644 1,420,644 1,420,644

Character Building Agencies 4,059,140 4,064,540 3,960,420

Clubs and Association 3,369,980 3,141,480 3,077,030

Charitable 13,500, 34 14,628,250 15,246,710

smeteries 1, 326,810 1,326,811 1,326,810

680

G44

EXHIBIT E

1969-70 1970-71 1971-72

hurches 21,811,940 21,945,160 21,663,130

sande 1,466,260 1,438,160 1,664,010

Clergymen( Residence) 112,500 106,500 94,500

Paraplegic Pensioners 35 5940 35,940 35 5940

Pollution Control E.K.C. 1,225,000

Fall Out Srelters 3,640 3,640 3,640

Housing Projects 7,646,774 11,194,226 11,463,716

(2 $194,983,447 214,600,505 $219,113,269

EiPensioners 13,144,980 12,785,570 12,595,170

= $208,128,4527 227,300,075 231,700,439

T

°3 Aged Exemptions 4 493,460 4,903,110 5,214,530

Grand Total $212,621,887 $232,289,185 $236,922,969

EXEMPT PROPERTY TOTALS

as of July lst, 1969-70 1970-71 1971-72

United States of America 4,518,230 4,518,230 4,518,230

State of New York 14,0 34,187 12,848,792 14,956,298

County of Monroe 12,892,785 23,250,975 23,096,465

(Civic Center)

County of Monroe & City

of Rochester 174,660 1,111,000 1,111,000

City of Rochester 30,597,774 35,470,310 35,163,220

City of Rochester Land Only 3,348,275 3,589,200 2,281,854

City of Rochester Land

& Bldgs. 928,136 1,926,836 1,902,700

Urban Renewal Land & Bldgs. 4,645,168

Subways 6,709,614 6,709,614 6,745,006

Public Schoois 32,245,572 32,273,092 32,643,562

Urban Renewal Agencies 457,730

Educational 31,969,080 29,809,970 30,476,290

Libraries 1,999,670 1,987,670 2,014,970

Character Building Agencies 3,880,350 3,880,350 3,075,580

Clubs & Associations 3,086,930 3,563,530 2,609,430

Charitable 15,827, 370 17,273,570 16,296,510

Cemet@ ries 1,326,810 1,326,810 1,321,730

Religious Communities 366,950 336,930 547,590

CITY OF ROCHESTER TAX RATES

Figures in $ per $1000 assessed valuation

Services not included

# City School City Monroe County Total

Year Rate Rate Totals for City residents Rate

1959 24.50 17.56 42.06 14.12 56.18

60 24.30 21.09 45.39 14.23 59.62

61 24.30 23.22 47.52 14.14 61.66

©o 62 24.30 24.10 48.40 14.55 62.95

Ce, 63 24.30 24.27 48.57 14.18 62.75

Orn 664 (24.30) «24.27 48.57 15.78 64.35

“1 65 26.68 26.87 53.55 19.24 72.79

S266 27 .59 27.87 55.46 19.63 75.09

a 667 2.08 28.87 57.95 18.55 76.50

68 29.08 29.47 58.55 18.12 76.67

69 31.66 32.36 64.02 24.77 88.79

1970 31.66 36.25 67.91 22.56 90.47

71 33.68 42.68 76.36 27.16 103.52

72 33.68 47.27 80.95 28.06 109.01

* City & School rates are for Fiscal year -

July to July ending in Year listed HEB 4/72

=

oa

Y ig} Eatea = =

§ off Gt :

to & pe ‘= aL Ht ia] :

Saito Glut: :

> ; ES inca

2 § t ayiidaes bea Palh

4

603 609

SXHIBIT K ‘HIBIT I

es)

ae

I\ Radio «67 POMFIELD PRESS, Poof, N.Y., Jum |, WT

Tas Taxs-Umo’ LOCI Front... Stansten osall RIGHT PAGES Ds OME SECTION

Rorbester. N.\.. Wednesday Evening \pril 26, 1972 Suburb... . Moderate Income

The City’s Money Woes Grow Housing Favored

The Penfieki Housing Task force, appointed by the Town Board

to Study housing meeds in the town, has finished one of its tasks,

a> Opicics * attitudes toward moderate income

bowing iaPouneh oat tas pollisiee tee reoeta.

Taxes Will Rise. Pierre Caste of Woodhaven “ por coat

wore in the asgative 66% do not presently find

» wp Kemeny —- €@ -+- ~ con © pesces wore & the idea of living in a com-

. Task Force eats — the positive range. Peterson diminium appealing. This re-

Ma ‘or Confirms casothat ‘a majerity of the peapie = commented that (his difference duces to 44% if the family is

¢ Pentex ~ ~~~ is statistically signtfieast and not grewe up (quest. He, 16).

a ewer some “ ramiom chance. »

By; TOM MINWER) - oo oe the y- -¥— ome incorma = howsteg ia the Pierre Coste, Housing Task ot a

Cit) and schon) tame ic been reduced io 4 mille -— ; Force Chairman, saic “I be- moderate ‘ncome families.

Rochester wil be imcrested Rumered cus @ (ve and pe Caste added: “Actually the love the survey axcurately re- 65% feel e shortage af mod-

for the pext fiscal year, start. ber racks would aot be secu Opimion Survey was ome part of Mects the opinions of Penfielf- oe a

Lawea 2s2—se the three month Task Forceef- = org im geusral. We seat quostion- + B, 4g le

“an op > omen oe fort. We studied housing meds aires to every fifth person inthe in Monroe County. .

Orw tax rates would be Ad aud @ & Salem All three in the County, Penfield’s ‘fair voter registration lists aad the + 65% do aot approve of tax

munttration efficuls appar. unions rejected ube offer share” of these meeds, styles af Sil returas, seem to be repre- abatement af local property

eully have oot yer seltied ee 86 Hil) woul! oot claborste on comstruction for moderate in- sentative of the peopk of tazes to provide moderate in-

te TL = = a exupieye salar) problem come housing, Peafieki’s Zoning Pentieki, For example, 608-1 come housing in Penfield (in

sessed property vahr and the an use’ later prontee’ iy Ordinance, andgoveromenthous- me rcespendents live in & private quaseet,

sebool tax rate us 47.77 commenting while segue im programe. At this Monday's bome; 60% have lived is Ben-

Cty Manager Kermit Hill ons contimer (Jum Sth) Penflekd Town Board fielé-ever Gve years and 4%

formes he ny Portes of tee mes city meeting the Housing Task Farce weare bewween 34 aad 55 pears 0 64% approve of tax abate-

fms ‘hat te money will be nd ol be comt out bor ri. wilh gveseat its report which is- age. 1 thiwk this reflects the = Se ae Se

able io the ves budge 2” * odes some specific §6rec- heurtinad of Peafiehi reetdsats.”” © prov m

+ —-- — } a r Af . Gmmemiations for action by the a a@ qpinice in which housing in Penfield for the ekier~

=. iregpaare ets 2G 2. heme gered a ! yy rave responses were 60% above or be- ly (specifically).

¢ 9 we budget prepesnl as turnost mocting low the aputral range were som-

Ch, bergunag ages fer ge Con Gaeta ont so that questions can be raised = marised as follows: 64% feel mere housing is

resentung cher employes arc F nic hearings on beth the . Peters on, 6urvey Ceordin- able to a0 apartment house

Toate net So eee oe Touran from the aslo qucten, «LOWE bause IF'it was known 69% woud no cbpct tov

ay om mi -

— aa mam = cntree eniled. Wo wore very Geir “muir share” cf tows erate income Gwellings. This

—— pleased with this rewra. services. reduces to 48% if the distance

a eae See eee es is reduced to 1/4 mile (quest.

stamawats to which Penflelers a ore) cme, No, 16),

were ashes uf they a ge the Plaaniog and

Strongly, 00 — A Zoning Boards are obliged to 63% feel more housing is

“ eo ve- enforce strict soming ews to) 8=—_ needed for moderate income

SS ee a. protect existing property owe- = industrial and public service

raph questi ow workers,

Gicated that responses to sight feel mare bous s mong Data Ques-

af te statements were scored ant a. — amen

to form as wee lene “4 BS feel the Town shouki 90% own their present dwell-

7 a why 4 by --- tepamints plans and take ac- = ing,

responds Optatan Gens which will provide mai- reside ine private home.

lngea in the novtral range while erate income housing which roa sd4

best serves the progress of fied for more than five years.

te Torn. 69% have lived in Penfield

for more than five years.

69% fee! they understand the

main issues.

Amalysis is contiming to sum-

BEST COPY AVAILABLE

619 Ii

SXEIBIT J 2\HIBI™ x

6B ROCHESTER DEMOCRAT AND CHRONICLE — june €. 197: Penfield Homes Poll ‘Surprise’

Moderate Income Housing SEi its Sages mens meee

couming (Oe + (hes be wwerd ef sperument De. J. Donald Rare, wer come housing * -

ut boume @ tween house ect councilman gad cocaeirms Perrre Coste task farce

« Howws Task i» @y Meighbormwec U | keew of the tanh force sad 6 By [ cheumer sed the groups

* — e Perce mem vers and tows offi. be reextents would be cos. and Woge Os surprvang anc re ommendations w th town

cals sad they were = ributing Geir ‘fair Gare’ to encom aig the! theres 4] bosrd wun'l be made public

; adi ee e in pred” and encourawed be fmapee such ‘own services as sronger positive feeling then | ur’) wmerrow ogh ss wen

° the remulis of the \ast-force schools, sewers rowds ec" pegalve beard meeting. but he hinted

“l ess say it's an over “Ip general. ‘the task force! ( ma) recom Mend (anges LW

Thirty Ave per cear ow they relmug Masdeir te way I mer hers lee he we tows the ‘owe ’ for ng aol Geass

= severe Focran Sc ee kt mae tos

Wi BRAD KNICKERBOCKER months ago by the board v jot sizes Priva unde try. but comiq.. @ tum ee euenes te Peter, wwe cousc

Penfield will have to allow analyte the need for moder- * Adopt changes (0 the goveramer subsidized Pry “paniuee” epinions of ‘

Ciiructon of at least 2000 ale income housing and rec- preset seamng erdimence nec- posals as wel! cletaceme hous a

mederate income housing ommend the types and quan- ausary © permit the broad _ © Encourage such NOUS ing cout ware “negaiive and is

units by te mestdteWalr tity that should be buill, also yanel, el_appousches (0 (aod in artas of the town in ads per cost were “pe vtra!

shete of the county'e ceed advised the board to Ale income teasing recom. tion to the Penfield The to fied

lor such Seumng. Town Board * Permit and cncourage mended. i +E Road are, he ELD

members were told last night. the construction of a variety . a *Review and update (.. (hese percents gee +:

De Penfield Housing Task of beusing styles, iypes of ecoce for of task force's recommendatio,,. ~- why] ~ #

Perce appointed = ihree construction and hous» and mederate income housing by every two years Be. ~ —A Ut

; wed fe 6 6mh | (hong

; whether the persoo whe as

Task force chairman Pierre agree on a recommendation such ordinances contain no ~task teres found tha mod, seared ebyected wo voderste

Cosie sad the group did mot comcerning the town's planned density requirement and Pen- aie imeome housing WO ig inceme housing nea: hus beme

recommend specific changes unit develépmeni ordinance field Supervisor Irene L. Gos- cost laspapers less than higy and whether (he lows should

in the owns zoning ordi: The ordinance originally sin said last April, “The coo- iecome housing. revide modersteiecome

nance, but cauuoned that, called for a maximum density cept of the unit devel- “The residents in the moy “which ocest serves Tine 4 fy "

“higher densilies per acre of 5.2 units per acre, but was opment is and if you erate intome developmen .. the pregress of the tows.” ~ y

than those allowed by the pres- reduced last year to 4.0 unis pay sy tf poring thnle “air share’ by Thary-tee per cont agrend

em ordinamce may be re per acre. cosis ya share P i —_——

quired." The Monroe County Pike § Based on current figures c fer than the residerts io 't: + SS CST AD ANAS

He sasd Ube group could not ning Council recommends that state aid to local ethools, tke high income development grempe mere wees cwighber. q unday - i

a heed Gere foliews « deee =

wreding of erigntorhord ap

peeremee sac preper’y vel

os

The percestage jumped to

@ per comet whee that ques

Cee ee asked soem mmority

owe weed 6 moose we

|

|

g-k

ge

ii

tt

i

lf!

wwn

Ged = aperimeets cod

beweee wo Peofiew & « ' nep

@ Ge righ dGrecuen” Bu

Gey oereheimegs Gee

prewed af propertyiat sbeio

= BEST COPY AVAILABLE

ial

[tHe

iM

i sr piiieeal

THE TIMES-UNION Su b U r b

a A

pt 18 ii

rt ae!

i nan i :

it i

fi bs

i ii

THEIL

Rochester. N.Y.. Tuesday Evening, June 6, 1972

ie

“

il phe

Pretested vesterde,

the proposed budget and the

wial they call lack of pro

Geom Some teache

ay ihey vatir

Ors yaty telertion with Who is

“ress on contract ne gote

f+ demonstreted again todey and «nd

ble (abet issue NOt only

By LINDA VAN KIRA

Emory W Miller u one per

on who was disturbed last

mgt by the report meade by

the Penfield Housing

borce

Je.

po leu

@ consultant

awe ©

~yt -

noome houwdng @() push hus

te tw Ld

Housing plan opponent

Says, ‘I can’t afford

field should be picked as «

‘or = moderate wrome

ow! of tissue pepe

Mule twee of 77 Hillary accepted

ome wh * 0 000) home He | Gon! want Penfield w& ?

jor Eaplewes became « lowcost develop

Ragineering Services He hes ment community U I wanted

four children. three of whom thet | could move to the conn e

Peafiesld uhookk He ter « he says

Os meet & force gowg to heve io mo

Gly cithe: ts statwtors or as

Aut Milew oat want lo § velues

j , - 1 more moderetein Penfield supervisor

eachers ! i hee ! Susie henry waite io Pen Govern says thal some medi

id by 1@mp cotwns may te made

ewe ere some of the Penfield sch: ol iwsachers whe Whe w gem to pey for re-om meade’ ions Wut net ne

a school district offices ageinst) (he auxtersie come housing’ — esserily the newt |

se

© pay ihe lames oy

dale Wel) be om ~ 6

worm @ ol euhoole’ over pretty bar: wough the

we until the Jeoe 13 wnual meet The ovtehiished remit are whale summer’ he seve

re st an impasse in contract talks 8°" ; ret haow Uf we!) act oo the

whom report We mey ean! lo

me Womme particulier rece

Memlieliom owt end ect of

‘em Al any rete. before ox

wh take any ection, oot told

(he (ast force s recommenda publ "werings

lo five of years

any moderals incume housing

project wil) be o Dig «

great, big WOecre biight

The task force repart recom- Multi femidy units ere built

mended among other things

thet the toon bw Mill’ saya he will Be at Une

SS ee om next town boerd meeting to

ne by check on whether the

fcces r commendsthons ore

The recommendations of une

by Pierre Coste. were

‘nan 6150 per month

THE TAXPAYER

€)

~

i | : in

2

ul

~ That muder ete income

housing be exouraged

areas of the lowe we eddiuan

to Ge Peatield Reed . Wete

tr Faerpert Reed ore

(There are currently 678 curt

wus propored for thie ofee

howe \edog « projert planmed by

the Urtee Development Car-

por een |

That the recommends

ons of te teak force be re

viewed end updeted ie two

years

The (asa force fownd "het 19

per ceet of the housing in

Penfield isn the moderateta-

rome rang | (he suburban

“hs only Brighten Pitts

lore Hem SS a.

fFges

gist;

hekt C Wsequam mt y

force recommends

‘even @f town

houses ead mulliplex units te

Uve price range

Me seve thet although the

wp Gd not osk for any wo

owe charges w the we wo

‘0g ordinance = >igher densi

les (ee presently allowed

may be) equir ad

sere met Penton

as

f

i

|

aphly;

nit

u,

4a

:

5

¥

Where You'll Find

6

EAHIBI

1s

}

=

N

+

Crime in the City

<

?

ive

feue

iis

lit

3 ut

ne

|

=<

Q

5

TV

The Locations

‘a Avenue ann iawn

are Sure was the worst

‘Serpeed am the city for

>

» ‘eam crenes. Four hom-

, Onles. & rapes, $2 robberies

reverded there lest

By contrast. ne homicides,

rapes of robberie were re

ported i ereas 3° and 4), the

only neichborhonds with no

\imlent crimes reported

Wee 2 alse led the city in

hur clerws vith 46 162 mere

than *cund-pisce ares 14

Mastieila sad police heave

tried "© comber the probiens

i Deeh-crome ereas by using

more men and more intensive

pe roiling metnods

“We use monthly computer

Printouts to show us where

the bad spots are and thes

concentrate op them,” he

said.

The police Tectical Unit is

moved eround the city to add

more peice ( wgh crime

atea:, he sant

The Model Cities Neighbor.

hoed ir ine rortheast. and the

sov.inwest sections of the city

ae petroliwt by Coordinated

Team Patrols. They operate

closcly © ty to solve more

crumes

Shooting Case

Trial Begins

ALBION — Trial of Sendra

Nichols. 3. of Hemiock Ridge

Pead Alton, and Robert Roy

Whvte. 19 of Raot Reed Al

tien. both charged with first

deyree asseull, opened in Or.

leans County Court yesterday

before Judce J Kenneth Serve

anc « jury of six men end six

women

Testemony was heard from

witnesses for the plaimtiff.

Harvey Bonk of Clarendon.

“ho vas ailcgedly injured by

@ shotgun Diest on Now 1 on

the property of James Reamer

ef Upper Holiew Road. Town

of Clarendon Testifving were

Reamer. Laura Whete, wile of

dclendan. Whe. and Morns

Lamice Of Barker

Plaintiff's testimony will be

resumned of 10 a.m. today.

6l4a

EXHIBIT N

The Breakdown

Stolen

District Hemiede Rape Robbery Asssctt Bergiery Lerceny Vehicles Tevet

i 3 2 4 a) i 1080 4) 1728

Py ‘4 $ . “in uS e! 1287

3 2 2 4a zm 220 Re ie}

4 j 3 x 3 206 4n a3 107)

> 2 2 aa 26! is $23 e. 1058

e 2 —_— 215 _ 70 ~~

? U) i 210 jar 402 43 913 ‘

e 2 3 “ iss 148 480 a2 wo?

~ ) i rs) ine in SO “ Lad

10 ‘4 _—=— ez 203 ™ - LL)

oun c — wa aE ee + &S

2 j j & 163 2 383 at

ih 0 j 16 1” 108 426 im) 7

4 3 3 2 2 a ~ a “ a

15 0 4 » i’ 135 2 a

6 — 143 wo “ rs

17 i 0 13 iis 109 30 24 ce

is 2 i 2 431 19 215 31 ere)

— am 2 8 i on 7% — 2) 587

20 j 0 4 7 14s tm it +“

ra v 0 $ « _ rd 7

2 i j ie es * iad is ae

23 o 9 16 99 “ 312 rr) ~~

24 0 j t 105 as 223 n —

23 0 c iz hal Ba) a” 2 44)

— | UJ 2 ie s 2 236 4s ‘v

2 0 i UJ #” 80 24 it 41°

a ') s 2 Z a El

— j 0 4 o _ 216 4 MS

— a 7 i e .'% 71 198 is 34)

2 0 j 2 ___2 9 235 iF

ee 0 i 7? BS} »® 31) ig ca

33 () l 4 6 1M 2 ”"

M i 0 a “a xs et | = a

3s 0 o i 38 * ry 12 ~—

cd 0 0 i np yn 183 6 259

zn v ] i 20 v is} if , —_

ws 0 i > Sy 25 i r! ml

Pad 0 t 0 Bb Pa] a 7 a

— £ s J = | = = 32 ee oe

4 -= G Q — e cal ‘

— 0 ‘ i i? 2 z= i —

0 Zz i i 19 0 27

7 0 i 1 j 5 is

Map shows crime reporting tenes, trict numbers on the map. Chart list

numbered ing “unknown” refers to fact that rer-

(1) to the lowest (43).

lists break- ords do not show district in which

down of major crimes in each ares.

Nambers on chart correspond with dis

t

6109

UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF NEW YORK

¥

m2 ]

vitie

~taya *# AFFIDAVIT

Omitted we

In

* Civil Action

Printing No. 1972-42

STATE OF NEW YORK)

COUNTY OF MONROE ) SS:

CITY OF ROCHESTER)

ANN McNABB, being duly sworn

according to law, deposes and says:

1. I ama private citizen residing

at 1966 Penfield Road, Penfield, New

York. I am a member of Metro-Act of

Rochester, Inc. and a member of the

Housing Task Force for Metro-Act of

Rochester, Inc., one of the plaintiffs

in the above noted lawsuit. I am also

a resident of the Town of Penfield, one

of the defendants in the above noted

lawsuit. As a resident of Penfield, I

616

AFFIDAVIT, ANN McNABB

am a member and director of Penfield

Better Homes, a non-profit corporation

organized for the purpose of building

low moderate income housing in the Town

of Penfield to help alleviate what is

a critical need for low and moderate

income housing in the Rochester metro-

politan area including the Town of

Penfield. I make this affidavit in

opposition to the motion of the defendants

herein to dismiss this lawsuit.

2. I have been involved in

Metro-Act since 1966. I have been in-

volved with Penfield Better Homes since

its organization in 1968. Penfield

Better Homes is a charter member of the

Housing Council in the Monroe County

Area, Inc.; the Housing Council seeks

with the consent of the present plaintiffs

to become a plaintiff in this lawsuit. From

617

AFFIDAVIT, ANN McNABB

my participation in both of these

organizations, I have an on going

knowledge of the various attempts to

bring low moderate income housing to

the Town of Penfield. I have personal

knowledge of the attempts of Penfield

Better Homes to bring low, moderate

income housing to the Town of Penfield.

I have a knowledge of the proposals which

have been submitted to the Town of Penfield

from time to time to provide low and

moderate income housing. I have

attended and/or participated in many of

the public meetings held in the Town of

Penfield in connection with the providing

of low and moderate income housing since

1968.

3. From my experience in efforts

to bring low and moderate income housing

. construction to the Town of Penfield, I

6138

AFFIDAVIT, ANN McNABB

can personally attest to the findings

made by the Metropolitan Housing Committee

in its study "Housing in Monroe County,

New York" and the study entitled "Town

Zoning and the Shortage of Moderate

and Low Income Housing, Monroe County,

New York" prepared by Rochester Bureau

of Municipal Research, Inc., now the

Rochester Center for Governmental

Research, as being conclusions which

are directly applicable to the Town of

Penfield with respect to its policies

and practices on zoning and with respect

to its zoning ordinance. The Rochester

Bureau Of Municipal Research, Inc. (now

Rochester Center for Governmental

Research) in its study of April 1967

entitled "Town Zoning and the Shortage of

Moderate and Low Income Housing, Monroe

County, New York" found that town zoning

619

AFFIDAVIT, ANN McNABB

practices which mandate large lot sizes,

large structure setbacks and low density

occupation of the land, are a major

contributing factor to the maintenance

of the suburban towns of Rochester as

enclaves for middle and high income

residences only. (See Town Zoning and

the Housing Shortage, Monroe County, pages

19 and 20, Exhibit A attached hereto

and made a part hereof.) Further, the

Metropolitan Housing Committee in its

report "Housing in Monroe County, New

York", Summary Report, April 1970, found

that there was a critical need for the

construction of low and moderate

income housing in the suburban towns;

that the necessary land available for

the construction of low and moderate

income housing was to be found in the

629

AFFIDAVIT, ANN McNAEB

Suburban towns.

The complete rejection by suburban

communities of all low and moderate

income housing is testimony to

the severity of the problem of

prejudice involved. While many

of the community ~roups and agencies -

aS well as individual citizens -

have been working for open housing,

their various efforts have proved

insufficient. Racial prejudice

and discrimination must be con-

Sidered one of the most serious

obstacles blocking the construction

of low/moderate income housing

where it is needed.

(Summary Report, Housing in Monroe

County, New York, page 10, Exhibit

F of Robert J. Warth affidavit

Submitted herewith. )

4. As a private citizen I have

been continually involved in advocating

the construction of low and moderate

income housing in the Town of Penfield

Since 1967 and have been a participant in

the submission of proposals for the

construction of low and moderate income

housing in the Town of Penfield since

1969. The Penfield town board and planning

621

AFFIDAVIT, ANN McNABB

board have, through a combination of

actions as more particularly set forth

below, either 1) delayed action on

proposals for inordinante periods of

time, 2) denied approval to a proposal

for the construction of low and moderate

income housing for totally arbitrary

reasons, 3) failed to provide necessary

Supporting services for low and moderate

income housing, 4) amended the zoning

ordinance to make nearly impossible the

approval of low and moderate income

housing proposals.

5. In May of 1970, the Town of

Penfield was the first suburban Rochester

community to adopt a planned unit develop-

ment section of its zoning ordinance.

The Planned Unit Development (PUD)

concept involves planning on the

level of a neighborhood or community

rather than on the level of an indi-

vidual lot or single use. Generally,

622

AFFIDAVIT, ANN McNABB

the PUD concept applies most

effectively to project areas

exceeding 100 acres in size. PUD

objectives are comprehensive and

involve viewing the components of

a development as they relate to

the needs of an entire town and,

even, to a metropolitan area. A

PUD achieves flexibility and

efficiency in land use. A PUD

conserves our limited land re-

sources by stopping current patterns

of urban sprawl development. A

PUD provides a more convenient,

conflict-free environment through

the integration of commercial,

recreational, educational, vocational

and open space land uses with

residential uses at neighborhood

levels. A PUD includes a variety

of residential types suitable for

all age groups and income levels.

In short, a PUD provides a living

environment superior to that

generally achievable under standard

zOning and subdivision regulations.

Attached hereto and made a part

hereof as Exhibit B is a copy of

A Model Planned Unit Development

Article for a Town Zoning Ordi-

nance, Monroe County Planning

Council and the Rochester Center

for Governmental Research and

Community Research, Inc., March

1970 (Third Draft).

Because high cost of land and construction

in suburban towns makes it impossible or

623

AFFIDAVIT, ANN McNABB

extremely difficult for the developer to

build low and moderate income housing,

the clustering and use of higher density

in the planned unit development allows

the builder to reduce his costs and

then rent or sell his property at

relatively lower prices.

6. A review of the courses of the

following planned unit development

proposal is an index to the Town of

Penfield's action to discourage and

prevent low and moderate income housing

in the Town of Penfield. A PUD plan

was submitted by Mr. Joseph Audino for

the Beacon Hill site in Penfield. In June

1970, this proposal was for the con-

struction of 490 single and multi-family

units including a commercial area.

Attached nereto and made a part hereof as

Exhibit C are the Planning Board Minutes,

624

AFFIDAVIT, ANN McNABB

June 9, 1970. The proposal was tabled

by the planning board of Penfield. I

understand that people who lived in

neighboring areas objected to the apart-

ments and the commercial area which was

apart of the plan.

7- In August of 1970, Mr. Audino

Submitted a second, different plan for

a PUD; the planning board, in September

of 1970, denied this proposal (a more

conventional proposal omiting the

commercial area and not as diversified

as the former in mixture of housing types)

aS a proposal not consistent with the

best overall use of the area. This

proposal consisted of the construction

of 316 units. (See Planning Board

Minutes attached hereto and made a part

hereof as Exhibit D.)

G29

AFFIDAVIT, ANN McNABB

8. An additional proposal for a

planned unit development was submitted to

the planning board by Mr. Audino for

the Beacon Hill area in May of 1971.

This proposal provided for the con-

struction of 474 units. (See Planning

Board Minutes attached hereto and made

a part hereof as Exhibit E.) The Monroe

County Planning Council approved the

plan. (See Exhibit F attached hereto

and made a part hereof.) The plan

also was approved by the Town of Penfield's

planning board with the proviso of

reducing the density from that proposed.

(See Exhibit G attached hereto and made

a part hereof.) The number of units was

reduced to 387 at a later stage. A

description of the plan is attached hereto

and made a part hereof as Exhibit H. At

the time the Audino application to re-zone

626

AVIT, ANN McNABB

the area from residential AA to PUD

District (for the purpose of implementing

the Beacon Hill’s PUD) was presented

to the Penfield town board, the Penfield

town, apparently responding to citizen

pressure, held a hearing on amending

the PUD ordinance. The Planned Unit

Development ordinance was amended

reducing the permitted density from

5.2 to 4 dwelling units per acre and

further providing for every multiple

dwelling unit or duplex unit there must

be a single family dwelling. (See

Exhibit I attached hereto and made a

part hereof. )

9. The Beacon Hills PUD was passed

by the Penfield town board with the con-

dition that it conform to the density

limitations in the PUD amendment. (See

Exhibit J attached hereto and made a

§ 2?

AFFIDAVIT, ANN McNABB

part hereof.) In January of 1972, the

Penfield town board repealed the re-zoning

from AA to PUD of the Beacon Hills PUD and

referred the matter to the Monroe County

Planning Council for its recommendations.

(See Exhibit K attached hereto and made

part hereof.) The Monroe County Planning

Council recommended disapproval for the

re-zoning change. (See Exhibit L

attached hereto and made a part hereof.)

10. According to Mr. Audino, the

Beacon Hills PUD proposal is under

tabled matters under consideration by

the Planning Board pending results of

court action taken by the neighbors

around the Beacon Hill site and attempts

to arrive at a compromise on a further

lowering of the number of units. According

to a recent news article, Exhibit M

attached hereto and made a part hereof, a

compromise on the number of units has now

628

AFFIDAVIT, ANN McNABB

been made.

ll. Prior to the hearing on the

amendment to the PUD ordinance, noted

above, Penfield supervisor, Howard J.

Frank, commented (see news articles

attached as Exhibit I above ) that

because the planned unit development

proposals submitted to the Town of

Penfield had thus far included a high

percentage of apartments, Penfield would

need to amend the ordinance. Supervisor

Frank was quoted in the newspaper as

saying,"You've got problems when you have

apartments and you're putting them in

residential AA areas next to $40,000.00

homes." The amendment to the planned

unit development ordinance in the Town

of Penfield was passed over the strong

opposition of builders interested in

629

AFFIDAVIT, ANN McNABB

constructing low and moderate income

housing as well as the Monroe County

Housing Council who described the

proposed amendment as a "foolhardy attempt

to impose even more stringent regulations."

(See full statement of the Monroe County

Housing Council and correspondence

attached hereto and made a part hereof

as Exhibit N.)

12.An application by Penfield Better

Homes for the re-zoning of land in the

Town of Penfield from A to Townhouse

Dwelling District for the construction of

low moderate income housing met with

a pattern of frustration delay and

ultimate denial. In September 1969,

Penfield Better Homes Corp., of which

I am a member and director, made a proposal

to the Penfield Planning Board at a public

630

AFFIDAVIT, ANN McNABB

hearing for the construction of a project

"Highland Circle", a complex of cooperative

housing units which would be sold to

persons earning approximately $5,000.00

to $8,000.00 a year under §236 of the

Federal Housing Act of 1968. (A copy of

the proposal is attached hereto and made

a part hereof as Exhibit 0.) This

proposal was submitted to the Planning

Board after comprehensive Studies had

been made by Penfield Better Homes

Corp. on all aspects of the effect of

this proposal on the Surrounding community.

(See attached Exhibits P through Q

attached hereto and made a part hereof. )

The background work on the proposal

included the securing of a legal opinion

by Penfield Better Homes from Robert M.

Anderson, Esq., zoning expert at. Syracuse

University Law School, in anticipation of

631

AFFIDAVIT, ANN McNABB

the concern the Town of Penfield might

have for rezoning and creating a

"spot zoning" problem. (See Exhibit R

attached hereto and made a part hereof.)

A second public hearing was held in

November 1969.

13. By resolution of the Penfield

Planning Board, a copy attached hereto

and made a part hereof as Exhibit S, the

proposal of Penfield Better Homes Corp.

was denied on the grounds that the

1) townhouse construction proposed would

constitute an inappropriate use of the

land and would not be consonant with

existing character of the neighborhood,

2) the proposed use would create traffic

problems within the area and 3) the

proposed use would create problems of

erosion during and after the construction.

Data previously supplied to the Planning

632 633

7FIDAVIT, ANN McNABB

AFFIDAVIT, ANN McNABB AFFIDAVIT, Al

14. To my knowledge, Penfield Better

Board directly contradicted the specific

Homes is the only corporation to present

reasons for denial of the application -

a plan to the town involving a subsidy

a survey by the County of Monroe, Director

program in order to provide low moderate

of Public Works, had revealed that

income housing for individual persons

increased traffic would not create any

ana particularly for families, with the

problem with respect to the existing

exception of the recent, April 1972 UbCc

traffic facilities in the area. Further,

proposal.

a thorough review of the proposed apart-

15. In September of 1971, O'Brien

ment site demonstrated that, following

Homes, Inc. submitted an application to

certain precautions, construction could

the Penfield Planning Board for the

well proceed in the area without any

re-zoning of 17.1 acres in Penfield from

detrimental effect. The town board

AA to apartment zoning of approximately

further denied an application by Penfield

12 units per acre. On the basis of a

Better Homes for a public hearing to

County Planning Council recommendation,

consider further the Question of re-

O'Brien Homes, Inc. had previously committed

zoning for the Highland Cirele Project.

itself to the Town of Penfield to set

(See Exhibit T attached hereto and made

aside a portion of land in a townhouse

a part hereof. )

development O'Brien Homes had underway to

634

AFFIDAVAT, ANN McNABB

be used for low to moderate income

housing.

16. O'Brien Homes outlined a

proposal for a condominium development of

apartment homes, including a Home Owners

Association to guarantee exterior main-

tenance, consisting of 51 four-family

buildings with garage for each family

as an integral part of the building

(two hundred and four units). A copy of

this proposal is attached hereto and made

& part hereof as Exhibit U.

17. The project was described as

one to offer single people and small

families of low income with accumulated

funds and those of moderate income with

limited funds for down payment the

opportunity to enjoy the advantage of

home ownership.

635

AFFIDAVIT, ANN McNABB

18, The O'Brien Homes proposal

was denied by the Planning Board

following the September hearing. (See

Exhibit V attached hereto and made

a part hereof.) There was further

discussion by the Planning Board on

March 27, 1972. (See Exhibit W

attached hereto and made a part

636

AFFIDAVIT, ANN McNABB

hereof.) A modification of the original

proposal was heard by the Planning Board

on April 24, 1972. (See Exhibit X attached

hereto and made a part hereof.) To date

it remains under tabled items and has

been referred to the Monroe County Planning

Council for its recommendation.

19. At this time there are only

two PUDs which have received the first

Stage of approval in Penfield. (The

Audino PUD has been repealed. See above.)

The first is known as the Standco PUD -

approved in 1970 for re-zoning and before

public concern focused on the PUD issue

in Penfield. The second is known as the

Rock Lake PUD (which was 4.67 units per

acre) and was approved for re-zoning in

September 1971 under the condition that

it conform to the density limitation in

the PUD ordinance, as amended. (See

637

AFFIDAVIT, ANN McNABB

Exhibit Y attached hereto and made a

part hereof.) The PUD ordinance requires

three stages of approval 1) re-zoning 2)

preliminary site plan 3) final site plan.

The Standco PUD is awaiting further

public hearing. (See Exhibit Z attached

hereto and made a part hereof.) Persons

connected with the Rock Lake PUD say

that at the present density they cannot

build the type of community they had

planned, so they are virtually giving

up the idea for the moment.

20. Most recently has come the

Suggestion by the Town of Penfield board

officials that sewer services are inadequate

in the Town of Penfield for the increased

density that would be involved in the

construction of low and moderate income

housing and therefore such a proposal must

be denied. In March of 1972, the Penfield

638

AFFIDAVIT, ANN McNABB

planning board announced that it was

the town's new policy not to allow any

more building in Sewer District #3 in

Penfield because the sewer services in

that district were now operating at 1 1/2

times its capacity.

21. According to minutes of the

planning board attached hereto and made

a part hereof as Exhibit AA, an application

of Philip Prinzi for Zuric Development

Corporation, Lyell Avenue, Rochester,

New York to re-zone from residential AA

to residential A, sections 3 and 4 of

Independence Ridge subdivision in order

to build smaller homes on lots of the

same size as originally planned was

denied by the planning board. A represent-

ative of Domus Homes which planned to

construct the homes, argued to the planning

board that there was a great need and a

639

AFFIDAVIT, ANN McNABB

market for homes in the $25,000.00 to

$30,000.00 range.

Additionally, from minutes of

planning board in March of 1972, the

Penfield planning board denied the applica-

tion of Angelo Castronova, 1766 Empire

Blvd., Rochester, New York for re-zoning

of two acres of land on the west side

of Creek Street from commercial to apart-

ment house and multiple dwelling for the

purpose of constructing 24 apartment

units.

The Beacon Hills Planned Unit Develop-

ment proposed by developer Audino,

referred to above in paragraphs 6 through

10 is located in Penfield Sewer District

#3 On which the planning board of Penfield

now imposes a complete construction moratoriun.

Mr. Audino to cope with this situation,

640

AFFIDAVIT, ANN McNABB

is planning to pump sewer into another

Penfield sewer district. The Housing

Task Force of the Town of Penfield by

its Report of Penfield Housing Task Force

on Moderate Income Housing, June 5, 1972,

has acknowledged the insufficiency of

present sewer facilities in view of

its proposals for moderate income housing

construction in Penfield.

In contrast the sanitary sewer

Situation is too complicated to be

dealt with effectively within the

scope of the activities of this Task

Force. At present there is insufficient

capacity to handle 2000 additional

dwelling units in Penfield, regardless

of their location or cost. In fact,

certain approved developments cannot

Start construction until portions

of the sanitary sewer problem are

resolved. The Town Board is aware

of these problems and is evaluating

solutions. This Task Force assumes

that satisfactory solutions will

be identified and that the appropriate

action will be taken to permit the

normal growth of Penfield as well as

the construction of the recommended

moderate income housing.

641

AFFIDAVIT, ANN McNABB

e2. As is illustrated above, the

town board of Penfield, and the planning

board of Penfield have either individually

and/or in concert, directly or indirectly

in the past, and continuing to date,

frustrated attempts at the building of

and prevented opportunities for low and

moderate income housing units in the Town

of Penfield, amended the PUD ordinance

SO aS to make more difficult the

availability of low and moderate income

housing through planned unit develop-

ment in Penfield and have failed or

refused to re-zone as might be required

for the construction of low and moderate

income housing in the Town of Penfield.

Such policies and practices have the

effect of specifically excluding low and

moderate income persons, blacks, Spanish-

642

AFFIDAVIT, ANN McNABB

Americans, and other minorities from

living in the Town of Penfield.

4s/ Ann McNabb

ANN McNABB

Jurat

Omitted

In

Printing

643

EXHIBIT A

TOWN ZONING AND

THE HOUSING SHORTAGE

ROCHESTER BUREAU OF

MUNICIPAL RESEARCH,

INC.

A CITIZEN AGENCY

644

EXHIBIT A

TOWN ZONING AND THE SHORTAGE OF

MODERATE AND LOW INCOME HOUSING

Monroe County, New York

A Study Memorandum Prepared for the

CIVIC DEVELOPMENT COUNCIL

of the Rochester Chamber of Commerce

by

Friedrich J. Grasberger, Principal Research

Analyst

ROCHESTER BUREAU OF MUNICIPAL RESEARCH,

INC.

37 South Washington Street

Rochester, New York

14608

April, 1967

649

EXHIBIT A

TABLE OF CONTENTS

Introduction

The Scope of the Problem

Definition of Low and

Moderate Income Housing

The Demand for Low and

Moderate Income Housing

Supply of Low and Moderate

Income Housing

Reasons for the High Cost of

Housing

Residential Zoning in the

Towns of Monroe County

Optimum Average Residential

Densities

Residential Zoning Practices

in the Towns of Monroe

County

Reasons for Low Density

Zoning

Conclusion

646

EXHIBIT A

Introduction

Within the last few years the

Rochester area has experienced a phase

of unprecedented economic growth. Total

employment figures, which increased at

the average annual rate of 3,000 during

the 'fifties, increased almost 12,000

annually between 1960 and 1966. In fact,

during 1966 the Rochester area experienced

its largest one-year increase in civilian

employment on record--almost 20,000

new employees were addea.+

The rapid

expansion of employment was accompanied

by equally impressive increases in ‘

industrial production and per capita

lNew York State Department of Labor:

Manpower Trends, 1950-1966.

647

EXHIBIT A

income. The dollar value added by

manufacture per employee in Monroe

County rose from about $10,000 in 1958

to almost $15,000 in 1963 when all

other metropolitan areas of New York

State including New York City were

Still hovering around the $10,000 level.

The 1960-1964 growth in per capita

income in Monroe County was almost

twice that of its neighboring metropolitan

counties of Erie and Onondaga.*

In the last year or two, however,

this exciting record of economic

expansion has been marred by the realiza-

tion that commerce and industry are

tuus. Census of Manufactures: New York,

preliminary report.

2 New York State Department of Commerce:

Personal Income in Counties of New York

State, 1960-64.

648

EXHIBIT A

running into severe difficulties to

recruit the manpower necessary for the

continuation of their growth. Recent

Surveys of Rochester industry point

to a current manpower shortage of more

than 10,000. Considering the extremely

low current rate of unemployment (slightly

more than one percent) these manpower

needs must be met primarily from inmigration.

However, repeated efforts by local

industry to attract new manpower into

this community have met with very little

Success because of a serious lack of

low and moderate income housing in Monroe

County.

This housing shortage is rapidly

assuming proportions that pose a serious

threat to the future growth and the

economic as well as social health of

the Rochester community. Low and moderate

649

EXHIBIT A

income earners are crowding the older

sections of the city, the aged are

unable to exchange their dwellings

for smaller homes or reasonable rental

units requiring less maintenance

efforts, and the community's youth

entering into the manpower market are

finding it increasingly difficult to

remain in the Rochester area because of

the lack of suitable housing.

If this community is to continue

to grow and prosper, immediate attention

must be focused on the problem and

coordinated efforts directed towards its

solution must be undertaken without delay.

interestingly enough, the severe

housing shortage has arisen at a time when

the construction of new homes and apart-

ments has reached record levels in Monroe

650

EXHIBIT A

County. During the six years from 1960

through 1965 in the county's towns alone

the construction of 26,852 new dwelling

units was authorized by building permits,

7,221 of which were apartments.+ Unfortu-

nately, however, almost all of this

construction occurred in price and

rental categories which are beyond the

means of the moderate and low income

earner.

Traditionally the blame for the

high cost of housing has been placed on

rapidly rising construction costs and

On the booming cost of land. Increasing

attention in recent months, however,

has been directed towards a third cause--

IMonroe County Planning Council: Sixth

Annual Building Permit ana Population

Survey, Monroe County, New York, June,

1966.

651

EXHIBIT A

zoning. It is contended by builders

that the towns' zoning ordinances

prevent the construction of needed

moderate and low income housing by

imposing excessive requirements for

lots and buildings.

This study memorandum will examine

the extent of the housing shortage,

analyze its causes, and develop

recommendations to alleviate the problem.

The Scope of the Problem

In order to determine the extent of

the low and moderate income housing

Shortage it is necessary to (1) define

the term low and moderate income, (2)

leasure tne demand for such housing, and

(3) measure its Supply.

Definition of Low and Moderate Income

Housing

The average weekly earnings of

652

EXHIBIT A

Rochester production workers, including

pay for overtime, amounted to $120.96 in

1965+ or, converted to an annual figure,

to $6,290 per year. Since a significant

proportion of production workers are

Single individuals who normally are con-

sidered more a part of the demand for

rental dwellings, a better income

criterion for the potential buyers of

low and moderate income houses is the

average or median income for families.

Since most of the families constituting

the demand for moderate and low income

housing are in relatively low age brackets

the estimated 1965 median income given

lNew York State Department of Labor:

Employment Review, New York Manpower

Profile, 1965 in Perspective, May, 1966.

653

EXHIBIT A

for families with family heads under

thirty-five years of age and children

under six should serve as an appropriate

definition of "moderate income" in this

context. The median income for such

families is $7,560 per year in Monroe

County. 1+

Experience indicates that the average

family can afford to purchase a home

costing the equivalent of twice its

e Another commonly used

annual income.

yardstick suggests that an individual's

or a family's monthly expenditures on

housing should not exceed one week's

income. Thus, for the purposes of this

lEstimate based on 1960 U.S. Census figure

and per capita income growth as reported

by the New York State Department of Com-

merce.

°This ratio would rise with an increasing

amount of cash down payment.

654

EXHIBIT A

Study, moderate and low income housing

will be defined as Ppurchasable homes

costing in the neighborhood of $15,000

or less and as rental units with monthly

gross rents of $140 or less.

The Demand for Low and Moderate Income

Housing

The aggregate demand for additional

housing of all kinds in the Rochester

area consists of (1) internal population

growth, i.e. young, Single adults and

newly married couples leaving their

parental homes, and (2) single and married

in-migrants moving in from outside the

county.

It is difficult to estimate from the

available data even the approximate

numbers of potential home renters and

buyers entering the market each year. It

is possible, however, to indicate the

655

EXHIBIT A

relative changes on the housing demand

Side which have occurred since 1960. As

a result of the rapid increases in the

Monroe County birth rate beginning in

1942, the 1960's are, and will be

experiencing the entrance of unprecedented

numbers of young adults into the home

rental and buying markets. As shown in

Table 1 on the following page, the

younger age groups preceding age group

25-29 exceed the latter by 12.4%, 41.7%,

and 63.4% respectively.?

lpeath rates for the above age groups

are uniformly low and will not affect

the validity of the comparison.

656

EXHIBIT A

TABLE 1

SELECTED AGE GROUPS, MONROE COUNTY,

1960 and 1964

Age Number of Persons 1964 Age Group

Group 1960 1964 25-29 = 100%

25-29 34,665 35,045 100.0%

20-24 30,847 39,417 112.4%

15-19 37,549 49,670 141.7%

10-14 50,888 57,278 163.4%

Sources: 1960 U.S. Census of Population

1964 Special Census, Monroe

County, New York

On the basis of these data it can be

Safely concluded that the annual number

of new family formations which ran

at a level of approximately 3,500 in

1960 was at least ten percent higher

in the early ‘sixties and will in all

liklihood reach a level of almost 5,000

a year in the late 'sixties. Correspond-=

ing relative increases have taken and will

take place in the number of young

Single adults looking for their own

1

New York State Department of Health, Vital

Statistics Review, 1960.

7

eat

homes. Due to the very young median

ages of the brides (21 years)?+ and

grooms (23 years)+ it can be assumed

that the vast majority of them will be

looking for either low or moderate

income housing. On the other hand,

the young single adults will probably be

in the market for mostly low income

housing since, unlike some young couples,

they are dependent on only one person's

income.

The net in-migration component of

housing demand has also been increasing

steadily. According to data from the

Monroe County Planning Council annual

net in-migration into Monroe County has

risen from about 3,000 in the ‘fifties

1New York State Department of Health,

Vital Statistics Review, 1960.

658

EXHIBIT A

to about 5,000 in the middle ‘sixties.

Previous studies of in-migration

patterns have revealed that the majority

of the incoming adults are in the 20-35

year age group. For this reason they

can be expected to add considerably to

the demand for low and moderate income

housing.

Supply of Low and Moderate Income Housing

Net additions to the supply of low

and moderate income housing have failed

completely to keep pace with the growth

of the demand for such dwellings. A 1965

survey of rental vacancies conducted by

the Rochester Bureau of Municipal

Research indicated that the number of low

and moderat rental vacancies had dropped

drastically below the 1960 level. No data

are available reflecting changes in the

Supply of rental housing in the City of

659

EXHIBIT A

Rochester. In the towns of Monroe

County, 7,221 multiple housing units

were authorized for construction between

1960 and 19651 virtually all of which

rent at levels considerably above $140

per month.

A more precise but equally

discouraging picture is offered by the

following data depicting the annual

supplies of low and moderate income

homes which were purchased between 1960

and 1965.

IMonroe County Planning Council: op.cit.

660

EXHIBIT A

TABLE 2

NEW HOUSES COMPLETED AND SOLD IN MONROE

COUNTY, 1960-1965

Homes Selling For

$15,000 or less $15,001-20,000

# of Total # % of Total

1960 61 4.3 697 49.3

1961 20 1.2 670 39.0

1962 40 2.0 837 42.5

1963 4 4 842 34.6

1964 13 5 793 27.6

1965 3 i. 604 20.0

Source: First Federal Savings and Loan

Association: Annual Surveys

of New Construction in the

Rochester Metropolitan Area,

1960-1965.

As shown in Table 2, new houses

costing $15,000 or less have virtually

disappeared from the market. New homes

in the $15,000-20,000 class which in 1960

accounted for almost fifty percent of

all new homes sold have dropped drastically

to represent a mere twenty percent of the

market in 1965.

661

EXHIBIT A

Table 3 shows that the sales of

existing homes have also failed to

rise sufficiently to keep pace with the

growth in demand. Total 1965 sales of

all existing homes under $20,000 were

only thirty -seven units above the 1960

total. A closer inspection of the

"$15,000 or less" data, furthermore,

reveals that the existing homes in this

category sold in the towns of Monroe

County. actually decreased from 758 units

in 1961 to 407 units in 1965. The compen-

sating growth in this price class,

therefore, occurred within the City of

Rochester. But unfortunately many of

thése units are located in relatively

undesirable neighborhoods and are con-

sequently unacceptable to a large portion

of the demand sector.

662

EXHIBIT A

TABLE 3

EXISTING HOMES SOLD IN MONROE COUNTY,

1960-1965

Existing Homes Selling for

$15,000 or less $15 ,001-20,000

# % of Total # % of total

1960 1,756 53.4 935 28.4

1961 1,761 52.8 979 29.4

1962 1,756 48.9 1,132 31.5

1963 1,717 47.3 1,106 30.5

1964 1,629 4u5.4 1,080 30.0

1965 1,634 43.3 1,094 29.0

Source: See Table 2

Reasons for the High Cost of Housing

The primary determinants of the cost

of a new home are the size and quality of

the structure and the size and location

of the lot. Both construction costs

and land cost have risen continually for

several decades now particularly in urban

areas, and indications are that this

trend will continue to extend into the

future. But what about personal income?

663

EXHIBIT A

Has personal income not also grown to

maintain an equilibrium between the cost

of housing and the ability to purchase

a new home?

TABLE 4

GROWTH OF BUILDING COSTS AND PER CAPITA

1956

1957

1958

1959

1960

1961

1962

1963

1964

1965

INCOME

Average Building Cost Per Capita

Index(United States) Income Index

(Monroe County)

100.0 100.0

103.6 102.5

106.9 100.5

111.6 104.8

114.0 107.8

115.8 108.0

118.2 112.9

121.0 116.7

124.7 125.6

127.7 135.6

Sources: 1. Engineering News Record,

1957-1966.

2. New York State Department of

Commerce, Personal Income

in Counties of New York

State, 1950-1965.

664

EXHIBIT A

Table 4 above reveals that per capiti

personal income in Monroe County has

kept pace with the increases in average

building costs over the past ten years.

Unless evidence can be introduced Showing

that average building costs in Monroe

County have risen Significantly faster

than the national average the blame

for the shortage of moderate and low

income housing cannot be placed on the

rising costs of construction.

Unfortunately no precise statistics!

are available which might reflect the

increases in the cost of land in Monroe

County. It is safe to assert, however,

that the cost of land in and immediately

“A National Association of Home Builders’

Survey published in the January issue of

the Rochester Home Builders Monthly showd

a 1960-1964 price increase per lot of

31.3% in Rochester. However, the survwy

neither defined"Rochester" nor the “ype

and location of lots Surveyed.

6695

EXHIBIT A

adjacent to urbanized areas has risen

much faster than both construction costs

and personal income. Ten years ago the

per acre cost of residentially zoned

land was selling in the hundreds of dollars,

today builders talk in terms of thousands

of dollars per acre of raw land.

"While every segment of our economy

has experienced rising prices, the

pronounced increase in vacant land

costs throughout the state has

far exceeded the 'norm' established

in these other segments. In the

last decade average land prices

have more than triplet and some

urban and subruban land has

Skyrocketed as much-.as 2,000 per-

cent. . ."i

In addition to the growth of the

costs of raw land builders are being faced

by more and more demands for investment

lNew York State Home Builders' Association:

1966-67 Housing Report, p. 14.

666

EXHIBIT A

in community facilities such as sanitary

and storm sewers, sewage treatment

plants, water lines, streets, curbs,

and park and recreation areas. The

expenses for these investments are

added to the cost of land to the home

buyer who then must finance them with

prevailing mortgage interest rates.

"These costs, plus the land cost,

now represent approximately

twenty-five percent of the purchase

price of the house. In the 1940's

the average figure was 8-9 percent

of the cost of the house. md

Thus, rising land costs have been a

Significant factor contributing to the

shortage of low and moderate income

housing. Of course, land costs could be

lipid.

667

EXHIBIT A

reduced by building at farther distances

from urban centers, but increased commuting

expenses and the scarcity or lack of

municipal services would tend to offset

the increased price attractiveness of

Such homes.

In view of these rising per unit

costs and the increased demand, it

would seem logical that builders would

attempt to satisfy this demand for low

and moderate income housing by building

more instead of less or the smaller

homes on smaller lots, thereby counter-

acting the cost trends discussed above.

Probably the major deterrent to this

solution is ZONING.

Residential Zoning in the Towns of

Monroe County

The general city, village and town

laws of the state provide that any city,

668

EXHIBIT A

village or town may adopt zoning

regulations. Under the law municipalities

are empowered to regulate and restrict

the size and use of buildings, structures,

and land.1+ Within the context of this

Study we may ignore city and village

zoning since very little vacant land is

left in these urban centers which can

be used for residential development. The

primary concern is with town zoning, the

zoning for the vasc areas of vacant land

Surrounding the urban cores and urbanized

rings. To provide a basis for evaluation

of zoning practices, the following

sections centain: (1) a review of

current expert opinion on optimum densities

for residential development in suburban

New York State Department of Commerce:

Local Planning and Zoning, 1966 Edition.

EXHIBIT A

areas; (2) a description of prevailing

zoning practices. in the towns of Monroe

County; and (3) an analysis of the

reasons for these practices.

Optimum Average Residential Densities

Planning experts are in close

agreement on the optimum ranges of housing

and population densities for various

types of communities and different

types of structures. The following

densities are considered optimal in

terms of neighborhood planning, cost

of construction, market absorption and

long-term values:

1. According to the American Public

Health Association! a desirable

average residential density consists

of 5 dwelling units per acre with a

lamerican Public Health Association:

Planning the Neighborhood, Standards for

Healthful Housing, 1943.

670

EXHIBIT A

maximum of 7 per azre. The recommended

minimum lot size is 6,000 square

feet,the minimum structural Square

footage per family is 870.

2. Professor Kevin Lynch of M.I.T.

cites a standard density of five

Single dwellings per acre and a

recommended size of the structure

equal to 20 percent of the lot.1l

3. The optimum residential density

envisioned for the planned community

of Reston, Virginia is fourteen

persons per acre which roughly

corresponds to four families per

acre.

4. The Ubran Land Institute in

"New Approaches to Residential

Land Development" describes many

new community developments with

density objectives ranging from

four dwellings per acre in suburban

areas to seven families in qrene

closer to the urban center.

The most concise treatment of optimum

lkevin Lynch: Site Planning, the M.I.T.

Press, 1962, p. 145.

eR.E. Simon: Planning a New Town-Reston,

Virginia, American Society of Planning

Officers, 1964.

3Urban Land Institute: New Approaches to

Residential Land Development, Technical

Bulletin 40, January, 1961.

674

EXHIBIT A

residential density has recently been

prepared by the Federal Housing Administra-

tion.+

Its optimum range for one story

detached dwellings consists of a minimum

of 4,356 square feet and a maximum of

7,840 square feet of floor area per

gross acre. For one story structures

averaging 1,000 square feet the resulting

optimum density range would thus be 4.4

-7.8 dwellings per acre, for one story

Structures averaging 1,500 square feet

the range would be 2.9 - 5.2. Its optimum

range for two story detached dwellings is

4,356 - 8,712 square feet of floor area

per gross acre which is equivalent to a

density range of 3.6 - 7.3 for dwellings

lP.H.A.: Land Use Intensity, Land

Planning Bulletin No. 7, 1965.

672

EXHIBIT A

of 1,200 square feet or 2.7 - 5.4 for

dwellings averaging 1,600 square feet

of floor area. Converted to net acreage

requirements the above density ranges

would be equivalent to lot sizes ranging

from 6,500 square feet to 13,000 square

feet.

Residential Zoning Practices in the Towns

of Monroe County

The zoning ordinances in the towns

of Monroe County have traditionally

restricted residential land use to one

family houses. Some of the more urban-

ized towns have recently provided some

land for multiple dwelling but virtually

all of the apartments constructed are for

high income families only. Most of the

land zoned for residential purposes still

consists of large areas in separate

zoning categories, each catetory restricting

673

EXHIBIT A

land use by clearly defined minimum

sizes of lots and structures. AS a

result the residential patterns show

clearly delineated economic stratifications.

Areas in which minimum standards

governing the size of lots and structures

are high are primarily occupied by high

income families. Areas with lower

minimum standards have attracted pro-

portionately less affluent segments of

the population. This type of zoning

and the accompanying economic stratifica-

tion of the residents has led to a high

degree of uniformity of developments

within the same zoning areas and of homes

within the same developments. Tne

acceptance of such uniformity in turn

has acted as a strong impediment to

zoning for smaller lots and homes because

674

EXHIBIT A

while uniformity appears proper in the

case of middle and high income houses

it is not acceptable for the moderate

and low income homes. In spite of

ample evidence to the contrary, par-

ticularly in the towns of Brighton and

Irondequoit, small lots ani homes are

popularly viewed as unsightly and

undesirable, and any action to relax

zoning to permit such lots and homes

in large areas would be most likely

considered at attempt to create large

scale slums in the suburbs.

As shown in Table 5 below, the

average minimum lot sizes in the various

zoning categories in the towns of Monroe

County, with the exception of Irondequoit,

are far above the optimum standards

discussed in the preceding section.

679

EXHIBIT A

TABLE 5

MINIMUM PERMISSIBLE SIZES FOR RESIDENTIAL

LOTS AND TWO STORY STRUCTURES

TOWNS OF MONROE COUNTY, 1966

Minimum ground

Minimum lot area floor area

(Square feet) for 2-story

residences

(Square feet)

Greece 7,200-20,000 600-1,200

Gates 8,000-15,000 625- 875

Irondequoit 9,600- 9,600 500- 660

Brighton 11,250-23,125 500- 900

Henrietta 12,000-20,000 480-1,000

Chili 12,000-20,000 650- 700

Parma 14,450-20,000 600- 800

Wheatland 15,000-30,000 500- 650

Penfield 15,000-20,000 650- 750

Clarkson 15,000-20,000 640- 840

Hamlin 15,000-15,000 768- 768

Perinton 15,750-20,000 650- 925

Pittsford 16,000-25,000 750-1,000

Ogden 17,500-20,000 660- 768

Webster 18,000-28,125 660- 864

Sweden 20,000-20,000 576- 576

Riga 20,000-20,000 884- 884

Rush 30 ,000-30,000 575- 750

Mendon 30 ,000-30,000 800- 800

Source: Zoning Ordinances, Towns of

Monroe County, 1966.

676

EXHIBIT A

Table 5 also indicates wide

disparities in the minimum requirements

regarding sizes of residential lots and

structures in the nineteen towns of

Monroe County. The minimum lot sizes

in the towns of Rush and Mendon are

more than four times as large as the

minimum lot size in the town of Greece.

The minimum ground floor area for two

story structures in the town of Riga is

almost twice as large as that in the

town of Henrietta.

Only six of the nineteen towns

provide for lot sizes within the optimum

range and of these six only Irondequoit

keeps the minima for all single residential

zoning categories within this range.

The minimum ground floor areas for

two story structures is in all cases

higher than the minimum of 435 square feet

677

EXHIBIT A

recommended by the American Public

Health Association (see page 9), although

the four towns with minima of 500 square

feet or less are very close to this

standard. The remaining fifteen towns,

however, exceed the standard by 32 to

103 percent.

Returning to the crucial issue of

permissable lot size, Table 5 shows that

six of Monroe County's 19 towns do have

zoning provisions permitting lots of

size deemed optimal by plamnere. The

existence of a zoning ordinance pro-

viding for such land use, however, is no

automatic guarantee that a sufficient

supply of such land is available in the

proper locations. In fact, the zoning

classification may simply encompass an area

which is already filled by the permitted

uses or it may be located in an area

6738

EXHIBIT A

unsuited for such use.

A comprehensive land use inventory

for Monroe County compiled in 1963 by the

New York State Department of Public

Works as part of its Metropolitan

Transportation Study demonstrated this

lack of available land in the smaller

lot categories. Using a computer

print-out supplied by the department

which listed all parcels of vacant land

zoned for residential use, a tabulation

was made of vacant parceis twenty acresl

or larger located in the six towns with

the optimal minimum zoning provisions.

This showed that only a few of the optimum

type parcels were still vacant in 1963 in

the towns of Chili, Henrietta and Brighton,

lowenty acres were considered the minimum

Size for efficient tract development.

672

EXHIBIT A

and most of these were situated in

undesirable or unsuitable locations

(e.g., around the airport, along the

river, in areas of hilly land.) A

relatively large number of vacant parcels

in the town of Irondequoit are located

in areas of steep slopes in the vicinity

of Durand Eastman Park. According to the

Monroe County Planning Council:

"Development possibilities (in

these areas)are extremely restricted.

Much of these areas should remain

permanently in open uses, and

where urban development does take

place it should be on a very low

density basis to minimize 1

problems of site development."

This leaves only the towns of Gates

and Greece with significant supplies of

yacant land in optimal density categories.

But even in these towns natural character-

lMonroe County Planning Council: Background

for Planning, December 1962, p.9.

6°90

EXHIBIT A

istics make efficient development of many

of these parcels impossible:

"Along the shore of Lake Ontario

the land is almost continuously

flat or marshy.

"Areas with problems of intermeidate

degree .. . Occur most extensively

in a band extending along the north

side of Ridge Road where shallow

soils and flat terrain combine

to cause difficulties.

"South of (the area between Ridge

Road and Spencerport Road) none

of the wet lands or flat lands

are very extensive, but interspersed

as they are among areas of sloping

ground, they will have a retarding

effect upon the overall deve}opment

of this part of the county."

Two additional factors to be con-

sidered in this context are: (1) the

available supply of vacant land of

optimum density. zoning has most certainly

lipid., pp. 11,12.

681

EXHIBIT A

shrunk even further since 1963 when

the land use analysis was conducted,

and (2) the fact that land is zoned

for a certain type of residential use

does not necessarily mean the present

Owners will make it available for such

use.

It is clear that a serious imbalance

exists between the demand for low cost

homes and the willingness of the towns to

provide a zoning framework which would

permit their construction. In fact,

while the demand has been increasing,

seven of the nineteen towns have raised

their minimum requirements for lot and/or

dwelling sizes over the past three years!

Town zoning is running on a collision

course with the needs of the metropolitan

community.

G82

EXHIBIT A

Reasons for Low Density Zoning

So far it has been established that.

the density ranges and structural sizes

mandated by the zoning ordinances in

the towns of Monroe County are considerably

above those recommended by planning

experts, and it has been shown that even

in the few towns which have allocated

some land to zoning categories fully

within the optimum density range the

supply of such land is dwindling or un-

usable due to locational disadvantages.

Thus, the question arises: Why are the

towns so unresponsive to the demonstrated

needs of the county as a whole? There

are three major reasons for this un-

responsiveness which can be categorized

under the headings of aesthetics, economics,

and desire for exclusiveness.

683

EXHIBIT A

The first of these reasons, aesthetics,

has already been discussed in the

preceding section. It derives from the

absence of mixed and flexible residential

zoning. Each zoning category consists

of large plots of land upon which a rigid

stamp of uniformity is impressed by

prevailing zoning restrictions. While

this type of uniformity appears to be

desirable to the towns for medium and

high cost housing it seems to be unaccept-

able for low cost housing.

The economic reasons for low density

zoning are perhaps more significant

than any of the others. Fiscal pressures

on local government have evoked increasing

concern with land use and its fiscal

consequences. Today the so-called "fiscal

zoning game" is played by virtually all

684

EXHIBIT A

developing suburbs. Its rules are simply

to permit only those types of land uses

which add@ enough assessed valuation to the

tax base to finance the municipal services

required. In the case of dwellings the

paramount consideration revolves around

school taxes. School taxes in the towns

of Monroe County account for the lion's

share of the total fiscal burden. Since

experience shows that low income families

tend to have more children than high income

families the addition of low cost housing

results in an incremental expense for public

education which is much larger than the

incremental yield of the expansion of tho

tax base.

To illustrate the severity of this

problem, the school district of West

Irondequoit would presently reauire an

addition of $32,464 in full value to its

689

EXHIBIT A

tax base to fully finance the additional

property tax levy required for one addition-

al public school pupil! The Pittsford

School District, to cite another example,

would need a full value increment of

$38,280 for each additional pupil!

Thus, it is quite apparent why the

suburban towns are attempting to maximize

their tax base by reserving their land for

primarily high value uses,

"There was a county in northern New

Jersey which acquired a very large

industrial plant. It promptly rezoned

the rest of its land as far as

possible to one acre lot zoning. In

other words, the community was saying

"now that we have the plant, we would

like to house the executives of the

plant, but the workers with their

children may go somewhere else with

their lower cost houses'. . ."

The only way to stop the fiscal zoning

game and thereby eliminate a primary motive

for low density, high value zoning is to

I-Jerome P.Pickard: Opportunities and

Problems, American Society of Planning

Officials, 1966.

68%

EXHIBIT A

sclve the fiscal needs of communities on

something more than a small local unit basis.

The most obvious approach to the solution

of this problem is to find a way in which to

decrease reliance on property taxation for

the support of the broader eovernmental ser-

vices including public education, health

welfare, etc.

", . . property taxation is not a fair

source of revenue for the Support of

services benefiting the entire urban

area. Some other tax source, which

reaches all the people (benefiting

from these services) would be more

equitable,"1

Some degree of equalization of

educational cost burdens has already been

attained through state aid for education

and the allocation of a sizable share of the

county sales tax to school districts. Even

greater equalization is necessary, however,

to deprive the fiscal zoning game of one of

TUniversity of North Carolina, Institute of

Government, Greensboro Suburban Analysis.

687

EXHIBIT A

its prime incentives.

The third reason for low density zoning

stems from town residents' desire for

exclusiveness. Many suburban residents

formerly lived in cities. Their move to

Suburban surroundings was often motivated by

the desire to leave a deteriorating environ-

ment. To prevent the recurrence of such

deterioration they developed into avid

advocates of "exclusivity zoning." Insist-

ing on their inherent rights to preserve

and even upgrade their chosen Surroundings,

they have denied the rights of others by

molding their zoning ordinances to make it

financially impossible for them to live in

Similarly desirable areas. Thus it happens

that in some suburban towns of Monroe County

individuals working as school teachers,

production workers, etc. are unable to make

their homes in the towns in which they work,

688

EXHIBIT A

This third reason is probably the

least justifiable argument in support of

restrictive zoning, pasticnlarly since most

new building would take place in areas which

are as yet completely undeveloped and

would, therefore, not affect existing

residential developments.

Conclusion

It has been demonstrated in the pre-

ceding analysis that the demand for moder-

ate and low income housing, of both rental

and purchasable units, is growing at a

rapid rate. It has also been shown that

the supply of such housing has failed to

keep pace with the growth in demand. The

resulting gap between Supply and demand has

been widening each year and now poses a

serious threat to the economic health of

this community. It is Stymieing industry's

efforts to attract needed manpower, it is

689

EXHIBIT A

crowding a large portion of low income fam-

ilies into city Slums, it inflates the

price of available units and land, it

prevents older couples from Purchasing

smaller homes requiring a minimum of main-

tenance efforts, and it may soon make it

impossible for many young newly married

Rochester couples to find decent dwellings

So that they may remain in this community.

The basic reasons for the lack of

Supply have been identified as rising

costs of construction, soaring costs of

land and town zoning practices.

Although unit costs of construction

appear not to have risen faster than per

capita income and should, therefore, not be

viewed as a major cause of the housing

Shortage, a breakthrough in the technology

of home and apartment construction could be

699

EXHIBIT A

@ Significant factor in reducing the gap

between demand and Supply.

Land costs must assume a large share

of the blame for the Shortage of moderate

and low income housing and should be a

principal target of any corrective action,

While the Rochester area has vast reserves

of vacant acreage, much of this acreage is

controlled by interests withholding it from

the market and thereby Stimulating the soar-

ing growth of land prices. To solve this

problem a new approach to the taxation of

vacant land may have to be developed which

would make it Substantially less profitable

for land speculators to limit the Supply of

land,

Town zoning which could have mitigated

the impact of rising unit costs of land and

construction by providing an adequate Supply

694

EXHIBIT A

of reasonable sized lots and Structures

has, instead, compounded the rise in prices

by mandating even larger lots and larger

homes than even before. Proper remedial

action for the situation must include an

attack on the basic causes responsible for

current zoning practices.

The economic causes, consisting

primarily of the tax advantages which are

the prize of a well-played fiscal zoning

game, can only be removed by county and

state legislative action. Such action

should be aimed at broadening the property

tax base for the financing of the costs of

public education beyond the present tax

district boundaries and at greater emphases

on revenue sources which are not related to

real property.

Town residents' opposition to less

G92

EXHIBIT A

restrictive zoning for reasons of aesthetics

and exclusiveness can only be overcome

through more imaginative zoning. New com-

munities now being planned and constructed

in many parts of this nation offer convinc-

ing proof that combinations of low and high

density land use can result in both aesthet-

ically attractive and marketable residential

developments. A first and very promising

step in this direction is contained in the

proposed zoning ordinance for the town of

Pittsford. The Monroe County Planning

Council which prepared this ordinance sug-

gested that average density development be

permitted in the town for the purpose of

allowing:

"Variation in lot size in areas propos-

ed for development ... to encourage

flexibility of design, to enable land

to be developed in Such a manner as to

promote its most appropriate use, to

facilitate the adequate and economical

693

EXHIBIT A

provision of streets and utilities,

and to preserve the natural and

scenic qualities of open space

_wl

The major impetus for a change in the

towns' current zoning practices must come

from two sources, the Monroe County Planning

Council and the informed citizens of this

community.

The county planning body should study and

quantify the need for the various types of

land uses required by this growing community.

It should be given the power, by state law,

to determine which general areas in the

county are best suited to accomodate the

needed land uses and to advise and assist

the towns in the implementation of these

broad land use mandates into actual zoning.

This 4s an extremely important responsibility

which requires the utmost in ingenuity,

imagination and good judgement. It is not

: Proposed

roe County Planning Council

. oe Ordinance, Town of Pittsford, 1965.

694

EXHIBIT A

intended to deprive towns of their zoning

powers but rather to assign to each town a

share of suburbia's responsibility for land

use benefiting the entire metropolitan area.

It is the task of the individual towns to

discharge this responsibility in a manner

which adds rather than detracts from the

desirability of the town as a community.

An informed citizenry can be of

invaluable help in bringing town zoning up

to date. A growing number of community

leaders are becoming aware of the potenti-

ally disastrous consequences of our housing

shortage and its relationship to town zoning.

They realize that the welfare of the well-

to-do is closely intertwined with that of the

moderate and low income earner, that the

City of Rochester is limited in its ability

to provide additional housing for this latter

695

EXHIBIT A

group due to lack of land, and that, con-

sequently, the continued growth and

prosperity of the entire metropolitan

community hinges on the towns' willingness

to take steps towards a solution of the

grave problem. It is this type of citizen

who must provide local leadership and

convince his elected governmental officials

and the members of his planning board that

the time has come to create a more flexible

zoning framework which, while protecting

existing development, permits the develop-

ment of available vacant land to serve the

needs not only of a favored segment of the

population but of all citizens of our

community.

If such leadership is not provided by

the planning council and the citize

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Appendix — Warth v. Seldin · 422 U.S. 490 | Frix