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More than anything else, Batavia businessman Roger Christiano wants people to know that the “quaint, authentic atmosphere” that defines O’Lacy’s Irish Pub will continue when he assumes ownership of the establishment at 5 School St.

“We won’t be changing anything, but actually will make things better with some new menu items and sprucing the place up a bit,” Christiano said this morning. “Everything that Kent Ewell has done for 25 years, I promised to retain.”

Christiano and Ewell have agreed to terms for the former to purchase O’Lacy’s, which was founded on April 15, 1997, and has been a popular bar/restaurant ever since.

He said his plans are to paint the interior, sand the floor and put in new furniture.

“The only thing I'm going to do is take all the stuff off the walls and when we’re done, all of Kent’s Irish artifacts are going back up,” he said.

On Monday night, the Batavia City Council found no reason to not accept a liquor license application from Christiano.

For his part, Ewell informed the public that O’Lacy’s is gearing up for St. Patrick’s Day on Thursday and for its 25th anniversary celebration next month.

Ewell, via social media, sent a message to “our wonderful, loyal patrons:"

By now you probably have seen or heard that O’Lacy’s Irish Pub will be sold in the near future. However, several contingencies must be met, one being a liquor license which can take 60-90 days or more (for issuance by the New York State Liquor Authority).

As we celebrate our 25^th year in business, one of the most important things to us is maintain the quaint, authentic atmosphere we have here at O’Lacy’s Irish Pub. We promise as we near completion of the sale, we will keep everyone informed. Until then, it is business as usual as we celebrate St. Patrick’s Day and many upcoming 25^th anniversary festivities! Come celebrate with us at O’Lacy’s!

We thank you very much for all your support and understanding.

Sláinte! (Health, an Irish drinking toast).

Christiano said he has been a customer of O’Lacy’s since it opened.

“I like the place and I have a good crew that’s going to run it for me,” he said. “My son-in-law (Michael O’Donnell) is going to be included and our two employees that have been long-standing employees at O’Lacy’s.”

A former owner of a Verizon Wireless store, rental houses/apartments and self-storage units in the Geneseo and Leicester areas, Christiano, 74, now is devoting his attention to the bar/restaurant business. He owns Rookies Sports Bar & Grill in Rochester and Knuckles Knockout Grill in Chili and is close to buying another sports bar near Tinseltown in Gates.

“I just wanted to try something different … so I told my wife (Sharon) that I’d like to buy a sports bar,” he said, referring to the purchase of Rookies in 2019. He bought Knuckles last year.

He said COVID-19 put a major stress upon his businesses.

“I bought this big place (Rookies) and then the pandemic hit. If I didn’t have all my business expertise, I don’t know if we would have made it,” he said. “It was tough getting through – being closed for three months, but fortunately Rookies had a huge takeout business.”

Taking the lead from Chairperson Kathleen Jasinski, the Batavia Town Planning Board tonight set a public hearing for April 19 to consider a special use permit for the drive-thru lanes of Benderson Development’s proposal to place two restaurants on the parking lot of the former Kmart off Lewiston and Park roads.

“This is exciting to all of us,” Jasinski said about the Buffalo-based developer’s plan to construct a 4,000-square-foot restaurant with a drive-thru and bypass lane at one end of the parking lot and a 6,752-square-foot retail/restaurant building with a 2,000-square-foot endcap coffee shop and drive-thru at the other end.

Jasinski then turned the floor over to James Boglioli of Buffalo, an attorney for Benderson and a right-to-build director for the Northeast United States.

Boglioli said that a tenant has signed a lease for the endcap coffee shop and another business is close to signing a lease for the smaller restaurant.

He reported that Benderson plans to pave the parking lot, put in new striping for the parking spaces, improve the stormwater system and add much-needed green space to the lot.

“There will be significant improvement to the site … it will be much more attractive,” he said.

When Jasinski mentioned that “it sounds like you know who’s going in there,” Boglioli said he does know, “but if I say it, then I’ll get in trouble when I get back (home).”

He did say that the businesses will operate seven days a week (which eliminates Chick-Fil-A from the discussion), primarily during breakfast and lunch hours.

Boglioli said he foresees no issues with vehicles stacking out of the parking lot and onto either Lewiston or Park, and doesn’t expect any problems with overflow parking from Batavia Downs Gaming since there are plenty of spaces on the lot.

As far as the Kmart building which has been vacant for three years, he said Benderson is “marketing the building all over the country.”

“We’re not going to get that size retailer coming in; it will be different in the future … and will be consistent with the parking,” he said, prompting comments from planning board members that the large Kmart building could be subdivided into several businesses.

The board declared itself as the lead agency for the project and set the public hearing for April 19. Boglioli was asked to come back at that time to provide further information, such as traffic flow studies and signage needs.

In other developments, Town Building Inspector Dan Lang reported the following:

• O-At-Ka Milk Products will present its plan, also on April 19, for a 3,200-square-foot addition at its Cedar Street location.

• The Batavia Town Board on Wednesday will vote on a rezoning request to change a segment of the Genesee Valley Agri-Business Park on East Main Street Road from Commercial to Industrial Park – making the entire park an IP district.

• The Town Board supports Genesee County Planning Board’s plan to eliminate smaller projects from its jurisdiction, handing them back to the local municipalities.  “We’ve been seeking autonomy for years,” Lang said.

• The trees of many solar farms in the Town of Batavia are dying off, leaving them without the proper screening as stipulated in the solar ordinance. Lang said solar companies are being contacted to correct the situation and, for the most part, are being responsive.

Previously: Planners on board with Kmart parking lot project; still no word on what businesses will occupy the space

Previously: Developer proposes retail/restaurant businesses on former Kmart property along Lewiston Road

A new VA Medical Center building in Batavia is among the many recommendations made by the U.S. Department of Veterans Affairs in a report released on Monday to a federal legislature-backed Asset and Infrastructure Review Commission.

The Batavia hospital (photo above) is part of the department’s VISN O2, which lists seven regions – Eastern, Central, Western, Finger Lakes, Long Island, Metro New York and New Jersey. Batavia and the Buffalo VA Medical Center comprise the Western region.

The report calls for tearing down the medical centers in both Batavia and Buffalo and building new ones to meet veterans’ health care needs in a changing market.

When considering the Batavia VAMC, it recommends modernizing and realigning the Richmond Avenue facility by modernizing the outpatient space.

From the report:

“The Batavia VAMC was built in 1932, with FCA (Facility Condition Assessment) deficiencies totaling approximately $31.8M and annual operations and maintenance costs totaling an estimated $4.1M. In FY 2019, there were 54,134 enrollees within 60 minutes of the Batavia VAMC.

“The primary care and specialty care clinic at the Batavia VAMC is space-constrained and not designed to support patient-aligned care teams (PACTs); the current infrastructure and layout do not meet modern health care standards. As outpatient service demand is projected to increase across the market, the existing facility is inadequate to meet demand and insufficient to support functional space requirements.

“The Batavia VAMC has 12.0 acres available for additional development. Relocating and expanding outpatient services to a purpose-built, rightsized facility on the Batavia VAMC campus will meet the growing needs of the Veteran population.”

An overview of the Batavia VAMC operation shows that it has 80 Community Living Center beds and 32 Residential Rehabilitation Treatment Program beds.

The report indicates that the Western market had 40,444 enrollees in fiscal year 2019, but is projected to see a 15.8 percent decrease in enrolled veterans by fiscal year 2029. The largest enrollee populations are in the counties of Erie, Niagara, and Cattaraugus.

Furthermore, demand for inpatient medical and surgical services is expected to decrease by 13,9 percent and the demand for inpatient mental health services is projected to decrease by 11.0% between FY 2019 and FY 2029.

As a result, recommendations to reduce the RRTP capacity in Batavia from 32 to 28 beds “will better address current and projected demand.”

A story in The Buffalo News on Monday provided details about the recommendations for the Buffalo VAMC, with VA Secretary Denis McDonough stating that a new facility is warranted “because the current hospital is dated and because the population of veterans in the area is projected to remain high.”

The story noted that the VA proposes building a $1 billion hospital in Buffalo to replace the current facility on Bailey Avenue that opened in 1949 because it “is too big, too old and poorly located.”

Per the VA report, "Relocating the Buffalo VAMC near or in the Buffalo Niagara Medical Campus will enhance innovation, collaborative care, research and educational opportunities with local community institutions, including with VA’s academic affiliate, the State University of New York (SUNY) at Buffalo."

The Buffalo News story also indicated that the Batavia hospital would become "a hub for the treatment of post-traumatic stress disorder."

It seems as though fire truck No. 12 is the “little engine that can’t” – for very much longer.

City of Batavia Manager Rachael Tabelski reported at Monday night’s City Council Business Meeting that the city fire department’s Engine 12 (photo above) is 20 years old and is just about ready to be retired from service.

“We have in our capital plan a fire truck replacement for Engine 12 and we are looking at getting grant funding from CDBG (Community Development Block Grant),” Tabelski said. “And before we submit a full application, they ask that municipalities go through a pre-application process.

“It’s a 2002 (model) that we will be replacing and the estimated cost is 700,000 dollars.”

From there, she turned it over to Interim Fire Chief Dan Herberger, who provided more details about Engine 12, including its shortcomings in the area of technology.

“We’re looking at replacing it with something very similar to our frontline engine, which is Engine 11,” he said. “It’s a rescue, fire engine-type style; basically, think of it as a fire engine with rescue capabilities.”

Herberger explained that the department operates with two main pieces of apparatus – one for the on-duty staff, “so we basically have to take everything with us, all the time.”

He said Engine 12 doesn’t have the safety features that come with today’s fire trucks, such as lighting and the ability to hook generators to the trucks. He also said the current vehicle has signs of rust.

“Right now, we’re in the design phase – looking at various vehicles from around the region to see what best fits our needs,” he said.

Tabelski, answering a question from City Council President Eugene Jankowski Jr., said she is hoping to receive $200,000 from the grant. Coupled with $400,000 that is in reserves, the city would be close to covering the full cost of the new truck – likely in 2023-24.

Herberger said there would be little trade-in value for Engine 12, noting that it would be 22 years old by the time a new truck was delivered to the city.

He said he remembers the sale of an old ladder truck to a tree trimming company in North Carolina but the monetary return “really didn’t offset anything too much.”

When asked if the cost of the new truck was a bottom line price, Herberger said the department may have to purchase “a few miscellaneous pieces of equipment for it.”

“In the past years, we’ve really tried to standardize all of our vehicles, so hose complement, rescue tools and hand tools, they’re pretty much the same throughout everything, so that bottom line price would be with equipment,” he said.

The Batavia City Council tonight unanimously passed the 2022-23 budget, ending a five-month process that resulted in the funding of a $17.78 million general budget with a slight decrease in the property tax rate.

“It was a long process that starts in November when departments submit their budget. And we sit and we meet, and we hash out priorities in each department’s budget, especially when we're looking at general fund police and fire and DPW snow removal,” said City Manager Rachael Tabelski said following the Business Meeting at the City Centre Council Board Room.

Tabelski said she was “excited” by achieving a balanced budget “where the revenues conservatively are estimated to come in and match the expenses we have going out to, again, run the operations that people come to count on -- police, fire and roads.”

Council’s passage of the budget – the All-Funds budget totals $29.7 million – means that city property owners will pay a tax rate of $8.94 per $1,000 of assessed value – down by 78 cents from the 2021-22 figure.

That doesn’t mean that everyone’s tax bill will decrease since most homeowners’ assessments went up – a fact not lost on Tabelski.

“The tax rate will go down It will depend on -- your payment -- … if your assessment went up,” she said. “I know many, many residents -- almost 4,200 -- assessments went up because of market conditions during COVID and the hot housing market. My hope is that that has cooled slightly, and we're not going to see large sweeping increases in assessments moving forward because it is difficult.”

Tabelski said that people react differently when assessments are raised.

“Some people like the assessment to go up because it increases the equity and value in their home, and others understand that it can mean at times a tax increase as well,” she said. “So, I'm very sympathetic to kind of understanding where residents of the city are and trying to keep our budget as efficient as possible.”

When asked if she could identify one highlight of the budget, she came up with the fact that more money was put into the police department’s Emergency Response Team.

“They are called a countywide response team, but it's run by City of Batavia Police and they're called on the scenes where they might need something like hostage negotiation or barricaded individuals,” she said. “And I was happy that we're able to bring more funding to that program this year.”

Council also approved a 1.5 percent increase in water rates, meter fees and capital improvement fees for the 2022-23 fiscal year.

Just in case the Batavia City Council was having second thoughts about supporting the Genesee Country Farmers Market, the president of the organization and one of the downtown market’s best customers touted its benefits at tonight’s Business Meeting.

Jan Goodenbury of Oakfield, in her second term as the GCFM president, encouraged council members to “support the market and make a timely decision to approve our application” at the board’s next meeting on March 28.

A former Batavian, Goodenbury emphasized the market’s value to the community, with locally-grown produce fresher than what is available in supermarkets and by keeping money in the GLOW region, which helps the local economy.

A flower, vegetable and chicken farmer, herself, she said the current location at the former JC Penney parking lot is ideal for customers, many who have to walk or ride their bicycle.

“With the Healthy Living (campus coming), it ties all in,” she said.

Goodenbury said the sooner the application to operate is approved, the better, because “vendor applications need to go out and go before the GCFM board for review.”

Pending City Council backing, the market will run three days a week for the seventh consecutive year on city-owned property in downtown Batavia. In 2021, it was open on Tuesdays, Thursdays and Fridays from June 4 through Oct. 29.

City resident Christine Zinni followed Goodenbury to the podium, stating that the market is important “because I've been the recipient of some of the wonderful food that is offered at this market, and I teach food and culture classes at the State University of New York at Brockport.”

“So, I talk to a lot of young people about what that means and about healthful produce – to be out in the open air and be able to connect with others on a face-to-face basis,” she said. “And it’s helped me to have that resource so close; to be able to walk or bike and get the healthy benefits of fresh food.”

Drawing a chuckle, she said, “What I usually say to my students, well look what’s happened (to me) -- I’m 110 years old.”

Zinni proposed that the Batavia market take a page from what is happening at similar venues in Clarence, Le Roy and Rochester by adding music, for example.

“I don’t know what’s currently on the table – (but) more of an investment in the farmer’s market. It would definitely help the image – Batavia’s image; the kind of image that I think would be beneficial to the city,” she said.

Her suggestions prompted Council member John Canale to urge GCFM officials to partner with the Genesee-Orleans Regional Arts Council to line up artists in various genres.

“Artists, music artists, fine artists – incorporate some of that (into the market), Canale said, noting that GO Art! is right across the street (at the corner of Bank and Main).

Canale also put in a plug for his favorite pastry.

“If you offer donuts from Sweet Ally’s donut shop in Oakfield, which are phenomenal, I will be there every week,” he said. “This is coming from a guy who knows donuts.”

Council member Patti Pacino assured Goodenbury and Zinni that the market is “well appreciated.” Council President Eugene Jankowski Jr. agreed.

“We understand. It brings a lot of people downtown,” he said. “But we have an aging (police) building that we have to replace (a reference to the new station that will be going up on the GCFM’s former location on the other side of Alva Place). I don’t see any problem. We usually welcome the application.”

Photo: Christine Zinni speaks to City Council about the benefits of the Genesee Country Farmers Market. Jan Goodenbury is in the background. Photo by Mike Pettinella.

The Batavia City Council has a full agenda for its Business Meeting tonight – 13 resolutions to vote on, a couple community events to approve and an application from a Batavia entrepreneur to obtain a liquor license for an establishment at 5 School St., currently operated as O’Lacy’s Irish Pub.

As required by the New York State Liquor Authority, Roger Christiano on Feb. 23 filed the standardized notice form for providing 30-day advance notice to the City of Batavia.

Contacted today, Christiano, who owns two sports bars in Rochester, said he is looking to purchase the popular bar/restaurant.

O’Lacy’s owner Kent Ewell did not wish to comment about the liquor license application or about the future of the pub that he opened 25 years ago – on April 15, 1997.

The two events on the agenda are the Batavia Concert Band Summer Concert Series, scheduled for 7 p.m. on Wednesdays from June 22 through Aug. 3 at Centennial Park, and the Living Waters Community Outreach from 10:30 a.m. to 5 p.m. at Austin Park.

Key resolutions are the adoption of the 2022-23 budget ordinance, water rates, meter fees and capital improvement fees; a contract with HUNT Engineers for services for the City Centre Mall Downtown Revitalization Initiative project, and to accept a $1 million Community Development Block Grant and authorize a $414,017 local match for the Jackson Street water main project.

The Batavia Town Board is expected to appoint Ray Tourt as the town’s highway superintendent at its monthly meeting on Wednesday night.

A resolution included in the meeting agenda has Tourt, who has announced his retirement as City of Batavia Bureau of Maintenance superintendent, moving into the position, effective April 4.

A city employee since 1999, Tourt’s last day with the city is March 30.

Town Supervisor Gregory Post today said that Tourt will serve out the remainder of this year before being placed on the ballot to run for the part-time, salaried position for three more years. It pays around $20,000.

Tourt would be replacing Tom Lichtenthal, who resigned, but continues to work for the town in an engineering capacity.

Also, on the agenda for Wednesday’s meeting, which starts at 7 p.m. at the Town Hall on West Main Street Road, is the setting of a public hearing for 7 p.m. April 20 (at the Town Hall) on “A Local Law to Amend the Town of Batavia Zoning Ordinance for Solar Energy Systems.”

For the past several months, the town’s solar committee worked to revise the law governing solar systems in the municipality and has come up with a final draft for the public’s consideration.

Previously: Town planners: solar law process is on the right track

Previously: Town solar committee asked to 'revisit' setback distances

 

Looking to cut out a bureaucratic level, streamline the zoning code process and save money, the Genesee County Planning Board has come up with a list of “local only” referral items that would be exempt from its review.

“What we have done is take a look at the smaller projects that would just get our standard approval with no comments from us,” County Planning Director Felipe Oltramari said today. “If you consider our meeting last night, two of the referrals would have been eliminated from the agenda – one that came in from a homeowner for a shed variance and one for a downtown (Batavia) design review.”

The planning department has drafted a template that includes 14 exemptions that would have to be adopted by town or village boards or the Batavia City Council.

Oltramari said the agreement is based on General Municipal Law, Article 12-B, Section 239-m.3. (c) which allows for the planning board to enter into an agreement with a city, town or village planning board, zoning board of appeals or municipal board to eliminate the referral requirement of certain land use actions deemed to be of local, rather than intercommunity or countywide concern.

“A referral for those actions would be optional, but no longer mandatory,” he said, adding that the county attorney has reviewed the proposal, which would be the same for all municipalities. “We have taken care to include all of the routine referrals types that usually do not result in any comments from the county planning board and where approval is almost always a recommendation.”

He said that he has already received a signed agreement from the Town of Pavilion.

Oltramari said code enforcement officers at the municipal level will determine whether an item needs to be referred to the planning board – using the list as their guide.

“This could save a significant amount of time in the process of getting a project through,” he said. “I think it's a benefit to both the communities and their constituents because they may not have to travel to the planning board meeting. It will save time and money.”

He also said all applications to the county planning board become permanent paper records that have to be stored, meaning more time and expense.

The 14 planning and zoning actions that have been determined to be typically of a local rather than intercommunity or countywide concern that are exempt from review by the Genesee County Planning Board are as follows:

• Area variances to rear or side-yard setback requirements for single and two-family residential uses.
• Area variances to yard setback requirements (rear, side or front) for accessory structures, as defined by the municipality, provided the variance does not propose the structure be closer to a State or County highway or municipal boundary than the existing principal structure.
• Area variances for accessory structures, as defined by the municipality, for being in front of the principal building, provided the accessory structure would meet the front-yard setback required of a principal building.
• Area variances and/or permits for freestanding signs or fences except when proposed along a State or County highway.
• Area variances for parking or driveways not accessing a State or County highway.
• Special use permits or site plan reviews for home occupations/businesses not accessing a State or County highway and that meet all applicable local municipal code requirements.
• Special use permits or site plan reviews for the co-location of telecommunications equipment on an existing telecommunications tower/facility.
• Special use permits or site plan reviews for new ponds or pond expansions that meet all applicable local municipal code requirements, provided that the construction will not disturb more than an acre of land and as per the SEQRA review, will not impact archaeological resources, threatened or endangered species, or State or Federal regulated wetlands.
• Site Plan Review or Design Review for the interior or exterior remodeling of a new use allowed in that zoning district including building-mounted signage that meets all applicable local municipal code requirements, and does not cause changes to other aspects of the site.
• Subdivisions or re-subdivisions for minor lot-line adjustments on existing lots where no additional lots are created and there is no change to access points and no new access points are proposed on State or County highways.
• Subdivision of land into two lots that meet all applicable local municipal code requirements provided such subdivision occur within a Genesee County Smart Growth Development Area.
• Land use moratoria not exceeding 12-months, except that a notice shall be sent to the Genesee County Planning Department for informational purposes.
• Administrative and fee amendments to the zoning code (i.e., general provisions, permit procedures, powers and duties of local boards and officers, penalties for offenses, public hearing requirements, organization, and amendment procedures).
• Interpretations of the municipal zoning code.

As a baseball player for the Batavia High Blue Devils, Batavia Muckdogs and Erie Community College Kats, Vincent Grazioplene anticipates that he’ll be spending a lot of time behind home plate over the next several months.

The 5-foot-8, 165-pound 12^th-grader has signed a letter of intent to attend Erie Community College in the fall and play baseball for the Division III Kats, a perennial National Junior College Athletic Association Region 3 powerhouse under longtime Coach Joe Bauth.

Erie CC plays in the competitive Western New York Athletic Conference that also includes Genesee Community College.

Grazioplene, who has played baseball – from T-ball to varsity -- for 12 of his 17 years, also has been recruited by the Batavia Muckdogs to play in the Perfect Game Collegiate Baseball League this summer before the hometown fans at Dwyer Stadium.

After that, it’s on to Erie CC for a short fall league and then a 50-game collegiate schedule in the spring of 2023.

Making it to this point is quite an accomplishment as just 7 percent of high school athletes go on to play sports in college.

“We are very excited for Vincent. This is something that he’s wanted for a very long time and has worked very hard for,” said his mom, Erica, who took part in the photo session this afternoon at Batavia High.

Vincent’s father, Phil, was unable to attend due to work commitments.

Grazioplene, an honor student, says he plans to major in Business Administration at the two-year junior college.

Batavia High Coach James Patric said Grazioplene was the team’s defensive MVP last season.

“Vincent came off a tough football season – was banged up a bit and it took a little time to get back in the swing of things,” Patric said. “But once he was fully healthy, he was the rock behind the plate.”

Patric said Grazioplene had to catch an inexperienced pitching staff, with two pitchers moving up from Modified A ball to varsity and standout Alex Hale being unable to pitch.

“So, he had to create a chemistry with all the pitchers that were new – who spent a lot of time in the dirt. Graz saved us probably two to three runs a game; he really kept us in a lot of games that could have gotten away from us.”

As a hitter, Grazioplene batted .261 in 46 at-bats with seven runs scored and seven runs batted in. He drove in the team’s only run in a 2-1 sectional tournament loss to Hornell.

For his part, Grazioplene said his goal is to work hard and improve each and every time out.

“I hope to do great … get better and try my best,” he said, noting he has been taking part in “open gym” workouts. “I can’t wait to play.”

Batavia’s first official practice is on Monday and its first scheduled game is April 1 at Pittsford Mendon.

Photo: Batavia High Coach James Patric, Vincent Grazioplene and Erica Grazioplene at today's announcement that Vincent will attend Erie CC in the fall and play baseball for the Buffalo junior college. Photo by Mike Pettinella.

While acknowledging that the solar project proposed by BW Solar on behalf of a Batavia Stafford Townline Road couple was well-thought-out, the Genesee County Planning Board on Thursday night voted to recommend disapproval due to concerns over setback variance requests.

The board’s action, taken during its monthly meeting via Zoom videoconferencing, sends the referral back to the Stafford Town Board for final determination.

Robert and Michelle Wood of 8244 Batavia Stafford Townline Rd. are hoping to place two 5-megawatt, ground-mounted solar systems on their farmland. One will cover 31.08 acres and the other will cover 28.32 acres.

The couple, along with Dan Huntington, project developer for BW Solar, were on the Zoom call last night.

They came into the meeting knowing that the Genesee County Planning Department staff had issued a recommendation of disapproval due to the setback variances being requested “grossly exceed the requirements of the Town of Stafford’s Zoning Law.”

Stafford’s solar zoning regulations are much more restrictive in terms of the distance from neighboring properties than most others in the county, said Planning Director Felipe Oltramari, adding that a request for a variance from the Real Property Value Protection clause of the law may not be permissible.

A SOLID CASE FOR APPROVAL

Still, Huntington presented a solid case for approval of the site plan, special use permit and area variances for the project – earning praise on the layout from planners and convincing one member, John Deleo, to make a motion for approval (which died from a lack of a second).

BW Solar’s proposal calls for setbacks of 75 feet from residential property lines, where a minimum required per the Stafford law is 1,000 feet, and it also asks for reduction of setbacks along nonresidential property lines from 200 feet to 100 feet, 50 feet and zero feet depending upon the location on the map.

The area is zoned as an Industrial Park (IP) District, which is appropriate for such a project.

Huntington emphasized that the Town of Stafford has some “unique solar laws in place that far exceed what you’re typically seeing throughout the county.”

He said he has been involved in previous projects in the county – one in Elba and one in Pavilion – that were approved by county planners.

“And the two projects we have here are two separate 5-megawatt projects because that's what NYSERDA (New York State Energy Research & Development Authority) guidelines require us to do for community distributed generation projects,” he said. “We do kind of talk about them as one project, but they are two separate LLCs and two separate projects. They are co-located on two parcels of land that Bob and Michelle Wood own.”

SETBACK DISTANCES QUESTIONED

Stating that he understood the challenges posed by the Stafford solar ordinance and the Real Property Value Protection clause, Huntington pointed out that the 1,000-foot setback “is a stipulation that is not required for any other portion of industry throughout Stafford solar zoning laws and the 2,500-foot setback is also very unique to solar specific and would actually stretch over the highway into a large portion of Batavia as well.”

“So, those are two larger elements that we are looking at for a variance. We applied for those variances based on the guidance of our attorneys at Harris Beach, and also with communication with the town attorney. That was direction that he gave us as to first steps -- to apply for a variance for those two pieces.”

Huntington went on to say that he believed Stafford officials didn’t want solar farms encroaching upon neighboring homes, but that the Woods’ proposal is different in that it is shielded by farmland on one side and railroad tracks on another.

Sharing a visual of the layout as he spoke, Huntington said he, working with engineers at LaBella Associates, strived to make efficient use of the space – in one instance asking for a property setback to be at zero to utilize space for a shared fence for the two solar systems.

“If we were to follow the solar law and have a 200-foot setback on either side of this property line, it would create a 400-foot dead zone that not only we couldn't use, but it would be extremely inefficient for Bob and Michelle to continue their farming operation,” he said.

Huntington said the preference is to share a road entrance “so we're not building additional roads to each 5-megawatt array because they are legally required to be individually fenced.”

“By reducing the setback, we could put the gravel road right down the middle, share a fence and again reduce the amount of impact we have to the farmable land.”

SEEKING TO HONOR INTENT OF LAW

In summary, he said that while the variance difference “may be a little bit higher than what the board is comfortable with in the past, we are just trying to find a way to accommodate this project and still honor the intent of the law when it comes to some of the setbacks.”

“So, my request of the board would be to look at the project as a whole within the county and potentially vote to support the project and allow the zoning board and the town board to make the decision as to whether or not these variances are acceptable to them in their town,” he said. “Because a negative vote could potentially cause additional stresses for them in terms of whether or not they're going to approve or deny something.”

The Woods noted that the solar farms will sit back in their field – protected by a lot of trees.

“You won’t be able to really see it from (Route) 33,” Michelle said. “It’s set way up back. If we can get those variances in place, then we can continue to farm all around the front of it, which would be protected by corn because we grow a lot of corn.”

Planner Tom Schubmehl advised everyone that the planning board’s role “is to gauge intercommunity impacts and to make sure that towns are following their law.”

“That's our role -- not to decide what the towns want or should have or whether it's applicable to the rest of the county,” he said. “Our job is to make sure they're following their law, and that there's no intercommunity impacts. So, from that perspective … it's a nicely designed solar project compared to some of the other ones we have seen. But that's not our role to decided what Stafford wants.”

Planning Board Chair Laraine Caton said she agreed.

“Right. And ultimately, they have the final say, anyway,” she said.

A vote was taken on both projects separately. The outcome was 5-1 each time for disapproval with Deleo -- who thought the 2,500-foot setback was “a little extreme" -- in opposition of that action.

Drawing of BW Solar proposal showing College Road (notch in green section at left) coming into Batavia Stafford Townline Road. Solar panels are in gray; setbacks are in green. Courtesy of Genesee County Planning Department.

Previously: Genesee County Planning Department finds fault with Stafford solar project proposal

Genesee County planners tonight debated the need for a sidewalk extension on Lake Street (Route 19) before recommending approval with modifications of a special use permit for Batavia businessman Eric Biscaro to construct a 60-unit patio home development in the Village of Le Roy.

Biscaro did not attend the Zoom meeting as he recused himself since he also is a member of the Genesee County Planning Board. He was represented by Megan Hensel, a project manager.

County Planning Director Felipe Oltramari said he saw no problems with issuing a special use permit for Biscaro to build 30 duplex homes on 16 acres off Route 19 in an area already zoned R-3 (Residential) other than requiring the applicant to work with the village to provide a sidewalk extension to the south (toward downtown Le Roy) on the west side of the state highway.

Other modifications including completing a Stormwater Pollution Prevention Plan, obtaining a Stormwater Permit for Construction Activity from the New York State Department of Environmental Conservation and adhering to guidelines of the State Historic Preservation Office.

Hensel said Biscaro wasn’t on board with the sidewalk provision as he didn’t want to be “digging across people’s brand new driveways.”

“We don’t think the development will impact the sidewalks,” she said.

Oltramari said he wanted to give residents of the development – it’s for people 50 years of age and older – the option to have sidewalks if they wished to walk south toward the Le Roy business section.

“But, I guess there is a little more wiggle room on this recommendation because there is a sidewalk across the street,” he said. “The only problem is that it is State Route 19 and we probably necessarily don’t want people crossing a state highway and walk somewhere to get to the sidewalk.”

He mentioned that there are several churches down the street and other amenities, and that people like to walk their dogs as well.

Hensel replied, “For our clientele, that’s quite a hike from our property into the village to even get to a church.”

Planning Board member Tom Schubmehl agreed.

“Knowing several people in patio homes, they're going to patio homes because they can’t pick their foot up to get in the door,” he said. “Thinking they’re going to hike from there to downtown Le Roy. I know we’re pushing as much as we can the walkability of communities, but that’s a tough … As long as you don’t have it as a requirement, I’m OK with it.”

It then was suggested to change the modification to read that Biscaro should work with the village “to determine if a sidewalk extension is warranted.”

At that point, the special use permit was approved – forwarding the site plan to the Le Roy Planning Board for review.

Previously: Biscaro is back. Batavia businessman looks to develop 30 duplex homes off Lake Street in Village of Le Roy

An engineering director for the Benderson Development Co. tonight did not reveal what businesses will be coming into a two-track commercial venture on the parking lot of the former Kmart at the intersection of Lewiston and Park roads.

Speaking at the Genesee County Planning Board meeting via Zoom videoconferencing, Matthew Oates said he did not have any signed leases at this point for the proposed project that would create (1) a 4,000-square-foot restaurant with a drive-thru and bypass lane on the southwest corner and (2) a 6,752-square-foot retail/restaurant building with a 2,000-square-foot endcap coffee shop with drive-thru on the southeast corner (see drawing below).

These two businesses would be located along Lewiston Road, using existing entrances to the parking lot off Lewiston and Park. The Kmart building, itself, is not part of the venture.

“We are working with tenants,” said Oates, who was on the call along with Katherine Rowe, design engineer. “And our expectation would be that when the building construction is complete that there will be tenants occupying at least some of the space. We wouldn't be putting these up and then having them sit there vacant. I don’t have anyone I can tell you today. Unfortunately, I wish I could.”

County planners recommended approval of the site plan and special use permit for the project, taking their lead from Planning Director Felipe Oltramari, who stated that the development would pose no significant countywide or intercommunity impact.

It is required, however, that Benderson complies with Town of Batavia zoning regulations as they pertain to signage on the buildings.

Oates said the company plans to add green space “around the buildings (and) additional green islands within the parking lot as well.”

He mentioned that because more than an acre will be disturbed, his company submitted a Stormwater Pollution Prevention Plan.

“We do have the elevations,” he said. “We think it is an attractive building with the mixture of EIFS cornice, fabric awnings and stone treatments, as well. So, overall, we're very excited for the project to get it start going and to really start redeveloping this section of the Batavia and really, hopefully, bring an enhancement to this area.”

Oates said an additional traffic light won't be necessary since there already is one at the intersection of Lewiston and Park roads.

Planner Tom Schubmehl commended Oates for “doing a nice job controlling traffic on Lewiston,” but asked if there would be an issue of cars cutting through the parking lot from Park Road to the opposite corner.

“Are you going to do anything in the parking lot that's going to prevent people from just blasting through the parking lot from north to south?” he asked.

Oates said nothing specific was in the works, noting that with similar developments, the new businesses “eliminate someone coming in on one side and then just flying through the parking lot to get across because now there's cars in there.”

“There's cars parked there, cars coming in the other direction. So, we find the actual businesses and bringing customers in, really starts to make people follow the traffic and the striping and everything else much more than they do when it's an empty parking lot like it is out there today.”

The project now will be considered by the Town Planning Board, likely at its next meeting on Tuesday night (March 15).

Previously: Developer proposes retail/restaurant businesses on former Kmart property along Lewiston Road

Top: Architect renderings of outside of proposed buildings at Kmart parking lot. Bottom: Overhead view of the two developments off Lewiston Road.

Whether you farm a few acres and sell produce from a roadside stand or lead a cooperative that supplies milk products to thousands of people in the United States and abroad, there’s a place for you in the agriculture community in Genesee County.

That’s an essential part of the message sent by the Genesee County Legislature on Wednesday when it designated March as “Agriculture Month in Genesee County.” The governing body issued the proclamation at its meeting at the Old County Courthouse.

“It’s important to take time to reconnect and remind ourselves where our food comes from, and that our open fields that we see abundantly in Genesee County are productive soils that are growing food for us in our local, regional, national and international markets,” said Legislature Chair Rochelle Stein, who also serves as the treasurer of Stein Farm in the Town of Le Roy.

“We employ thousands of people in the agricultural economy, which in turn employs four to five more people in the supportive industries to farm and to farm produce -- from mom and pop stores to international supply chain retailers that choose to locate here due to the robust economy and the location in the heart of New York State's bread basket.”

According to the proclamation, 56 percent of the land in Genesee County is in Agricultural Districts. New York State’s 33,400 farms – encompassing 6.9 million acres of operated farmland -- are the driving force behind an ag industry that contributes more than $5.7 billion in sales to the state’s economy each year.

Stein said the county’s commitment to local agriculture can be seen in the investments made by companies such as O-At-Ka Milk Products, Upstate Niagara Cooperative, HP Hood, Dairy Farmers of America, Bonduelle and Yancey’s Fancy.

“These businesses and others are highly dependent upon our local fresh produce,” she said. “It’s a very close relationship -- all evident in Genesee County. We're very proud of our strong ag economy, and we are pleased to pause and commend our farm workers, our farm owners and all the hands that help provide food to our community and our nation.”

Responding to a question about near-record inflation, Stein said, “Everybody gets hurt in this really stressful global time.”

“Farms still have to manage even though we don't set our own prices,” she explained. “The prices that we get paid for our produce when it leaves the farm are dictated not in a marketplace, but in a government controlled pricing mechanism. Not having control of our of our revenue, we have to be very clever with our input and expense costs.”

Stein mentioned that the Celebrate Ag Dinner is set for 6 p.m. April 2 at the Alexander Firemen’s Recreation Hall. The county’s “Farm of the Year” award will be presented at that event.

For more information about the dinner, contact the Genesee County Chamber of Commerce at 585-343-7440.

When you’re mandated by New York State to build a new county jail – one with a projected price tag of $70 million, any cost-saving measures are deeply valued.

That has been Genesee County Manager Matt Landers’ message all along, and he emphasized that point again this afternoon at a meeting of the legislature at the Old County Courthouse.

Landers reported that the state Commission of Correction will permit the county’s jail transition team to be housed in County Building 2 on West Main Street Road while construction of the jail, which will be located just east of that building, is going on.

“We found out (that) to save a little bit of money our transition team for the jail will be allowed to be housed in County Building 2 instead of the county having to secure a construction trailer,” Landers said. “We’re glad that the CDC is fine with that, and the sheriff is supportive of that move. Every buck we can save is good – and that is an efficient place for them to go.”

According to a story on The Batavian last September, the four-member transition team will be comprised of current county corrections’ officers and will be charged with writing policies and procedures for the 184-bed facility.

The team needs to be in place at the time of groundbreaking, which is expected to happen this May, Landers said.

Sheriff William Sheron said he is close to finalizing the appointments, which then will force his office to hire four more corrections’ officers to backfill those positions.

In other developments, Landers advised:

• That he is preparing his thoughts on how the state should “roll out and spend the broadband money that’s flowing through their books.”

Landers said he has a plan that he feels will work best for Genesee County.

“We’re working with our partners on getting the wording correctly,” he said. “The emphasis on my commentary is going to be making sure that more of that money goes toward the unserved versus the underserved.

“I think that in Genesee County (that’s) the best bang for the buck in reaching that last mile -- members of the community that don’t have any internet access. So, that was the focus of my comments.”

Landers said he has reached out to Town Supervisor Gregory Post for his opinion, noting that town officials are eager to expand broadband in their municipality.

• That the east entrance to County Building 1 (that houses the clerk’s office and the Department of Motor Vehicles) is open now “so people don’t have to park over by Save-A-Lot and walk all the way around.”

“The sandwich boards are down and Building 1 is back open for business.”

Architect's rendering of the new Genesee County Jail to be built on West Main Street Road. Provided by Genesee County manager's office.

Should the Genesee County Planning Board on Thursday night follow the lead of the Genesee County Planning Department staff, proposals to install two 5-megawatt, ground-mounted solar systems in the Town of Stafford will be sent back to the drawing board.

The planning department staff is recommending disapproval of the referral submitted by the Stafford Town Board, Planning Board and Zoning Board of Appeals in connection with a site plan to construct the solar farms on property owned by Robert and Michelle Wood of 8244 Batavia Stafford Townline Road.

At their meeting tomorrow night (7 o’clock via Zoom videoconferencing), planners will consider a special use permit and area variances for a 31.08-acre and a 28.32-acre, side-by-side system.

The problem with the plan, according to information provided by Planning Director Felipe Oltramari, is that the setback variances requested “grossly exceed the requirements of the Town of Stafford’s Zoning Law.”

The law stipulates a 200-foot minimum for setbacks to nonresidential property lines; the proposal asks for 100 feet to the east, north and south, and zero feet to the west, bordering the adjacent solar project. The law also stipulates a 1,000-foot minimum to residential property lines; the proposal seeks a 75-foot setback.

A third variance for fence height from the maximum 6 feet to 7 feet also is being requested.

Oltramari said that granting of such large variances by the Stafford ZBA may undermine the local law adopted by the town board and set a precedent for future applications.

“In addition, the application requests a variance from the Real Property Value Protection clause of the law,” he said. “Since this is not a use or dimensional requirement, it is questionable as to whether the ZBA can grant such a waiver.”

He is suggesting the applicants (the Woods and BW Solar of Ontario, Canada) petition the town board to amend its solar law instead of seeking variances from the ZBA “especially given that Stafford's solar regulations differ significantly from other towns in Genesee County.”

The transformation of the Save-A-Lot grocery store building at 45-47 Liberty St. took another significant step forward on Tuesday when the executive director of the Erie County Bar Association Volunteer Lawyers Project, Inc., signed a long-term lease for 7,630 square feet of commercial office space on the ground floor.

“We’ve outgrown our space at our current location (in the former Kozak plant on South Lyon Street), so it seemed like a good opportunity to start looking around,” said Gretchen Gonzalez, an attorney who directs the Buffalo-based program. “We were looking at some other spots, but it's very difficult to find the size that we needed in Batavia. So, finding this space with Victor (Gautieri) was great and to be able to break it up to what we need.”

Gonzalez and Gautieri, president of VJ Gautieri Constructors, building owner and developer, agreed to terms and signed the contract yesterday afternoon at the VJ Gautieri office on Liberty Street.

Gavin McKeirnan Townsend, licensed real estate salesperson with HUNT Real Estate ERA on Jackson Street, also attended.

“Obviously, piggybacking on the beautiful apartments upstairs and knowing that we had about 16,000 square feet available of commercial space downstairs, we definitely wanted to leverage that and keep the momentum going,” said Townsend, who brought the two parties together. “It’s great to have prime commercial space here in the city of Batavia with sort of the resurgence of everything that's happening in downtown.”

Last fall, VJ Gautieri completed a $3.1 million project supported by $1.15 million in New York State Downtown Revitalization Initiative funding that resulted in the City View Residences -- 10 upscale apartments on the second floor of the building -- along with first-floor storefronts and building-wide façade improvements.

With VLP’s signing, VJ Gautieri now has about 8,000 square feet of commercial space on the first floor available for leasing.

Gautieri said offices of the Erie County Bar Association Volunteer Lawyers Project, known as VLP, will be located in the southwest portion of the building.

“They’re not taking the storefront. They’ll be able to walk out there – we’re going to create a new entry for them – and look almost directly at Batavia Tailors,” he said. “We will be doing the lease build-out – creating the space and dividing it to set up their offices.”

He noted that DEAN Architects of Depew, the firm that designed City View Residences, has been hired to configure the space for VLP’s 23 offices.

“We did an in-house version of a few things just to get the ball rolling, but the architect is going to play off of that and say, ‘Okay, here's what you need,’” Gautieri said. “He's going to also meld all the code requirements in to make sure everything is good. We have to construct the restrooms, entry lobby, reception area and then all the individual offices for the folks who will be working there.”

Gonzalez talked about VLP’s mission and the importance of a presence in Batavia.

“Our initial office is in Buffalo, and we've had a secondary office in Batavia for a number of years,” she said. “We started off with renting space for one office for one attorney – a paralegal that was out here all of the time – and then in 2016, we leased more space there and we now we have around 15 attorneys and five paralegals and two social workers.”

She said VLP is a “hybrid legal services organization” that has attorneys on staff plus a bank of nearly 500 lawyers in private practice that volunteer their time and provide expertise at no cost to clients.

“VLP is the largest provider of indigent immigration services outside of New York City in the State of New York,” she said. “Our Batavia office houses part of our immigration program. It's funded by a grant from the New York State Office of New Americans to provide a public defender-style representative representation to anyone who's detained (and facing deportation) at the federal detention facility (in Batavia).”

While the immigration piece is key to work in Batavia, it’s just a part of what VLP does, Gonzalez noted.

“I always like to say that we do anything under the sun except for criminal law. Because in Buffalo, we have housing attorneys, we have family law attorneys, we do divorces, end of life planning, wills, power of attorney, healthcare proxy,” she said.

“We have a low income taxpayer program that helps people who have cases and controversy with the IRS. We have a program that's specifically designed to serve people who are HIV positive. And we have another portion of our immigration program in Buffalo that provides services to people who are not detained and mostly provide services to victims of human trafficking and domestic violence and other sorts of crimes.”

Gonzalez, who has been with VLP for 10 years, said about 20 full-time employees will be working out of the new Batavia office, and will be supported by attorneys at other locations who volunteer their time.

Gautieri said he is keeping another 1,000 square feet in reserve just in case VLP needs to expand in the future. He said the anticipated move-in date for VLP is Aug. 1.

CLICK HERE for more information about the Erie County Bar Association Volunteer Lawyers Project, Inc.

Photo at top: Gretchen Gonzalez, center, signs a contract to lease more than 7,500 square feet of office space at 45-47 Ellicott St., site of Save-A-Lot and the City View Residences, as Victor Gautieri, president of VJ Constructors, and Gavin McKeirnan Townsend of HUNT Real Estate ERA, look on. Photo by Mike Pettinella.

Previously: Ribbon cutting marks completion of City View Residences revitalization project in downtown Batavia

The Batavia Muckdogs’ selection as the Genesee County Chamber of Commerce “Entrepreneurial Business of the Year” is the icing on the cake, says team owner Robbie Nichols, who was the catalyst and driving force behind the rejuvenation of summer baseball at Dwyer Stadium in 2021.

Speaking on behalf of co-owner and wife, Nellie; son-in-law/general manager Marc Witt, and his staff, Nichols said he is “really thrilled that the county recognized our hard work and hard effort that we put into this season.”

“And we are just thrilled with the season -- the way the sponsors, the season ticket holders, and all the fans took to us – and we’re so extremely pleased with the way the year turned out. Getting an honor like this is just the cherry on top.”

It was January 2021 when Nichols, a longtime professional hockey player in the American Hockey League and hockey/baseball owner in Elmira, approached the Batavia City Council with the idea of fielding a team in the Perfect Game Collegiate Baseball League. Negotiations between the two entities were fruitful, and baseball was back in Batavia after a one-year hiatus.

Attendance increased significantly from 2019 – Nichols said the per-game average exceeded 1,700 with more than 500 season tickets sold. Fans enjoyed the numerous promotions, which included the KMS dance crew, kids running the bases, and in-game host “Kin Dog" (Batavian John Kindig).

Outside of baseball, Nichols attracted dance competitions and clinics, PRIDE Festival, Challenger Baseball, GLOW Academy Youth Baseball and Battle of Badges, high school baseball, Alzheimer’s Walk, Muckdogs Monster Mash, among other events, to the stadium at the intersection of Bank and Denio streets.

Furthermore, the Muckdogs’ players always were available for community appearances and marched in the City’s Memorial Day Parade.

Nichols said he appreciates the way the fans responded to the team.

“It was just a fun season,” he said, “and it’s even crazier as we approach this season. Games already are close to being sold out for next year (2022). We’ll do even better this year. That’s what we're so excited about.”

When it was mentioned that the word “entrepreneurial” was in the title of the Chamber award, Nichols acknowledged that it fits him to a T.

“I think people have always said that (about me). If you look at my background, I guess that would be a pretty accurate word,” he said. “I was signed by the Detroit Red Wings and I was playing in the American Hockey League and I had a hockey card business on the side. And I made more money (with that) than I did for my NHL contract.”

He recalled that he made and sold T-shirts when his team was going to the championship game.

“People are leaving the doors and I'm out on the ice, selling T-shirts as people are walking out. We won the championship. So, I’ve always had that entrepreneur … trying to make it make a buck with a side hustle,” he said.

Nichols also mentioned “a rumor” that a show called The Flint Tropics was based on his seven years managing the Flint (Mich.) Generals.

“They said that they copied all of the crazy things that I did as far as promotions; a lot of stuff they did in that movie was stuff that I did on the ice,” he said. We will do any promotion – and we’ve got some crazy ones coming up this year.”

Although his permanent address is in Elmira, the 57-year-old Nichols said that Batavia has come his second home – literally.

“My wife and I have bought a home in Batavia now – right around the corner from the ballpark,” he said. “We’re really honored the way the City of Batavia has treated us. We can’t ask for better folks; they’re just like family.”

In his nomination of the Batavia Muckdogs for the award, lifelong Batavian Tom Turnbull said the city and county have been enriched because of Robbie and Nellie Nichols’ hard work and community spirit.

“While the Batavia Muckdogs may not seem like a new business due to the continuation of the name (from the former New York-Penn League), the new Batavia Muckdogs … are not only an incredible local business success story but have enhanced the quality of life for the residents of Genesee County,” Turnbull wrote.

Top photo: Robbie and Nellie Nichols on opening day 2021. Photo by Jim Burns.

Game photos below by Philip Casper

This is the first of four articles highlighting the 50th Annual Chamber of Commerce Awards. The annual dinner is Saturday at Batavia Downs, with hor d’oeuvres at 5 p.m. and dinner at 7 p.m. For more information about the dinner, call the Genesee County Chamber at (585) 343-7440.

 

Genesee County will be seeking at least $7,800 from a Batavia man in connection with a code enforcement dispute involving property that he was leasing in the Town of Pavilion.

County Highway Superintendent Tim Hens today informed The Batavian that he made several attempts – unsuccessfully -- to contact Justin Hofert and have him remove items and debris from the county right-of-way on property off Transit and East Bethany Le Roy roads.

“After no response from Mr. Hofert, the county removed the items at our costs and we will be seeking restitution from Mr. Hofert for these costs,” Hens said. “We’re still assembling final costs from dumpster expenses; we have $7,800 in labor and equipment thus far.”

The dispute, which had been going on for more than three months, centers upon a lease agreement between Hofert and an elderly East Bethany woman who owned the property just outside the Town of Stafford border.

Hens said problems arose when it was discovered that a county-owned abandoned right-of-way (formerly County Road 2) was part of the property being leased.

“County Road 2 was relocated many years ago, but the county has maintained the drainage from the older section as well as the new drainage along County Road 2,” he said.

The woman entered into a lease agreement with Hofert, who owns neighboring land, Hens said, inadvertently including the county-owned parcel in the deal. Previously, the county also had informed the woman that her barn on the property was encroaching on the abandoned right-of-way.

Hens said that Hofert proceeded to place many items and debris on the property and in the barn, prompting complaints to Town of Pavilion officials, who, in turn, notified the county of the code violations.

“Most of the junk is on county-owned property so technically speaking, the county would be the one in violation of the property maintenance code,” Hens said.

Working with the county attorney, Hens eventually was able to get the woman’s approval to remove the junk from the property.

“As much of Mr. Hofert’s debris was in and around the barn -- which was also built partly on the right-of-way without authorization -- the county obtained an affidavit from (the woman) to demolish and remove the barn as well, and that has been done,” Hens said. “Aside from seeking restitution from Mr. Hofert, the matter is settled.”

Aerial photo above shows the right-of-way property in dispute (shaded in red) and the barn that was on that parcel along East Bethany Le Roy Road in the Town of Pavilion.

A new law that creates a Conditional Adult-use Cannabis Cultivator license in New York represents a high note for private businesses, including Empire Hemp Co. in Batavia, that have found their niche within the guidelines of the state’s Marijuana Regulation & Taxation Act.

Late last month, Gov. Kathy Hochul put her name on legislation that now permits hemp farmers in the state to apply for a conditional license to grow cannabis during the 2022 season for the approaching adult-use retail market.

Chris Van Dusen, who, along with Shelley Wolanske, owns Empire Hemp, called the recent development “fantastic news for us.”

Empire Hemp operates in two locations in the city: a processing facility on Swan Street and a retail store at 204 East Main St.

According to information from Hochul’s office, under the law, conditionally licensed cannabis farmers must meet certain requirements, including safe, sustainable and environmentally friendly cultivation practices; participation in a social equity mentorship program, and engagement in a labor peace agreement with a bona fide labor organization.

Van Dusen (pictured at right) said Empire Hemp is in a position to benefit from the legislation.

“We're eligible both on the growing side and the processing side because there's also a provisional processing license, and we're one of 17 in the state that's eligible for processing,” he told The Batavian on Monday. “And we're one of less than 200 that are eligible for the growing side because we did grow two seasons in a row. That’s just one of the prerequisites for that.”

The law carries several requirements, including one that allows hemp growers that have grown in the past two or more years to plant one acre of high THC cannabis for recreational uses.

Van Dusen said his company, after harvest, “will take that cannabis, that flower, and bring it to our facility, and turn it into a host of products, whether it's pre-rolled cigarettes, vape cartridges, pre-packaged smokable flower as well as edibles, namely gummies. That’s what we’re going to be focused on; those are going to be our top four products.”

He also said he will incorporate the cannabis into topicals and other products that Empire Hemp sells on the CBD side of things. Currently, state law prohibits Empire Hemp, as a grower or processor, from having any financial interest in a dispensary.

Batavia’s City Council previously voted to opt in to the MRTA to host cannabis dispensaries, seeking to capitalize on the tax revenue associated with retail sales.

Empire Hemp is a CBD dispensary, Van Dusen said.

“We sell all the products that we make in our facility as far as therapeutic CBD oils and topicals, as well as skincare and self-care products. And we do sell some smokable hemp,” he said, adding that sales have been robust and that he and Wolanske are prepared to add employees and ramp up production as a result of the new law.

When asked if he saw any downside or “unintended consequences” from the legalization of cannabis for recreational use, he said that he believes that some smoke shops are selling marijuana without a license, looking to avoid paying taxes to the state.

“It’s something that needs to be talked about even if people just think it's no big deal,” he said. “I think it is a big deal because we want to play by the rules and we want to be part of the program that they're putting together and be successful at that. These guys that are doing it (illegally) are just going to make quick short term gains.”

Van Dusen said he knows that the state’s Office of Cannabis Management has been sending out cease-and-desist letters to shops that they suspect are operating outside of the law.