The Batavia Town Planning Board tonight saw no problem with the Oakwood Hills developer’s plan to subdivide a duplex to expedite a sale of one half of the dwelling at 5169-5171 Loral Oak Way.
Oakwood Hills is the 100-acre housing tract located off of East Main Street Road, adjacent to Seven Springs Road and across from Genesee Valley Agri-Business Park.
Developer Peter Zeliff applied for a minor lot subdivision in the residential zone after attracting a buyer for one half of the duplex.
“The plan all along was to build duplexes on some of lots and sell people a half a duplex – like a patio home or townhome the way it’s done in other places,” Zeliff said. “I have one of the halves sold, so now we have to split the lot with a zero lot line – the property division will go right through the house, the dividing wall of the duplex. I need to get this done so we can close the sale.”
Zeliff said the buyer is an individual moving into the area to work at HP Hood in the agribusiness park.
Before the unanimous vote to approve Zeliff’s application, Planning Board Member Paul McCullough asked if there were any deed restrictions or “provisions to prevent (the owner of) one side putting up a steel roof versus an asphalt roof or changing the color of the siding.”
Zeliff said that attorneys are drafting a “condominium agreement” that would require owners of both sides to place money into escrow (for potential changes) and to go before the Homeowner Association for review and final approval.
About 30 homes are occupied at Oakwood Hills, of which six are duplexes, said Zeliff, adding that he is looking to similarly subdivide the other five.
He asked planners if he would be able to apply to have the other five subdivided as a group prior to any future half-duplex sales, and Chairperson Kathy Jasinski said she thought that was a reasonable request.
Zeliff said that Ryan Homes built 15 houses last year and, currently, three homes are under construction. He also said that he sold six more lots this year.
The cost of the lots ranges from $30,000 for a 60- by 150- to 200-foot parcel to $70,000 for a lot of almost an acre, Zeliff said. Homes generally start at $190,000.
In another development, Building Inspector Daniel Lang said HP Hood officials indicated they are planning an addition to the plant’s refrigeration warehouse unit, but haven’t submitted an application yet.
