# Appendix — Warth v. Seldin

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0124%3A03

## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1975
- **Citation:** 422 U.S. 490

## Text

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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O28

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
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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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AAAS

Adjwveed perce em ely eee thers bone

Sandal

Fe ateces
Canerets Dnwee
front Lawn on
beadcaung
Foust Spemblers
Paral Carpetung
One Fin ploces
Phone

Wood Woke or
Sringic Rew
Dishe ayhen
Two Cor Carage

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

Bory from ene ews. tee + The sear
a

NA

NA
NA

NA
NA
NA

Unfinished Bonus
Ares

Patally Fnished
Bonus Ares

+ nr commen ferences ther
Cot d hee tare eer

. .
Suweure re. “ws
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- Ts4 o

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s#0n

io

s'o

$0 "wy

Squere

Fox

$450, Rach
S600 Full Rach

450% Rath
SBOQ/F ul) Back

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

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BEST GOPY AVAILABLE

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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 : ¢§ 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

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vid

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 =)
ee ee ee Ee)
© oh eke keh eke)

999
EXHIBIT D

o90d
EXHIBIT D

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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

> > | ’ > 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

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SXHIBIT K ‘HIBIT I

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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

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= BEST COPY AVAILABLE

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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
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Where You'll Find

6

EAHIBI

1s

}
=
N

+

Crime in the City

» ‘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
ha

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0124%3A03. Public record. Not legal advice.