Genesee County Planning Board

Genesee County Planning Board members Thursday night, on their way to approving the site plan for the Plug Power Inc., green hydrogen facility at the Western New York Science & Technology Advanced Manufacturing Park in the Town of Alabama, were on the receiving end of an education about the company’s operation from its vice president of project development.

Plug Power, a publicly traded business based in Latham (outside of Albany), is primed to become the first tenant at STAMP – with plans to put up an 8,000-square-foot operations and maintenance building, a 40,000-square-foot electrolyzer building and a 68,000-square-foot compressor building on the Crosby Road tech park.

The company is the world’s largest producer of hydrogen fuel cells that power forklifts and heavy-duty freight and its facility to be located at STAMP will be the largest in North America.

“This is the largest green hydrogen facility in North America by a lot,” Brenor Brophy said. “It actually is the largest green liquid hydrogen facility in the world. So, it is a major step forward in the energy transition from fossil fuels to renewable energy.”

Brophy took planners through the process of taking fresh water and electricity and turning that into hydrogen and oxygen. Plug Power had been making hydrogen cells for the warehouse and logistics industry and, last year, started making its own hydrogen.

“This is a green hydrogen product; fuel that is made from zero-carbon renewable energy,” Brophy said. “This is the hydroelectric energy from Niagara …”

He said Plug Power will harness renewable energy from the new substation that the company is building on the STAMP site – a facility that is large enough to power their entire park.

“We will take about half of that energy for our facility,” he said. “We take fresh water and electricity and we split it into hydrogen and oxygen. The only emission we have from this site is pure oxygen. We take that hydrogen gas and we cool it down to what I call biogenic temperature that turns it into a liquid.”

From there, tanker trucks will transport the liquid hydrogen to Plug Power customers all over the Northeast region.

Brophy said the firm’s customers include Walmart, Kroger’s, Amazon, Home Depot and Lowe’s.

He said the plant will produce 45 metric tons of hydrogen per day, with each truck holding about four and a half metric tons.

“So that means there will be approximately 10 trucks per day on average,” he said. “Not every truck is full leaving or (it could be) empty coming back, so it may be 10 to 12 trucks per day, which is quite low.”

Brophy called it a “beautiful site” on 30 acres. He said plans call for the placement of a row of trees along the front to obscure it from the road.

“It is a very important site,” he said. “We are absolutely delighted to be siting it in Western New York as a New York company. This is our first and biggest green hydrogen plant in what will be a national network.”

Planner Tom Schubmehl, who abstained from voting, was prepared with a list of questions about the project that focused on the following:

• Start-up Date

Brophy said he expects “to finish commissioning” in late 2022 or early 2023.

• Wastewater

Brophy said there are two components – the sanitary sewer needed for employees on site and discharge of leftover process water.

He said the number of employees on site is not large enough to support the construction of an actual wastewater treatment facility “so we will have a tank system there that will be approved by the DEC that we will have emptied out until such time as the wastewater treatment plant will require construction.”

“As far as what we call the process water … we will have the forced main that will discharge directly into Oak Orchard Creek and will require a permit from the (New York State) DEC (Department of Environmental Conservation).

• Stormwater

Brophy said a stormwater retention pond is an allowable use in that area.

• Reconstruction of Crosby Road

This will be done by the Genesee County Economic Development Center – a complete rebuild of the section from Stamp Drive south to the edge of Plug Power’s site. Also, a 12-inch water transmission main will be extended from Route 77 where it currently exists, down Stamp Drive and down Crosby Road to get to the Plug Power site.

• Tanker Trucks (noting there is parking for 26)

​Brophy said those parked in the staging area will be empty so “when a driver shows up with an empty tanker we will have a full one waiting for them.”

• Storage Steer

Brophy said that storage unit will hold a week of production.

“It’s a high-resilience network,” he said. “If one goes down, we can support other plants in the network from that. Our customers are folks like Walmart, Kroger or Amazon, and so we can never let that warehouse go down. Amazon can’t go down a week before Christmas so we aim for a really high-resilience network.”

• Water Usage (noting the facility will use 280,000 gallons per day)

Schubmehl mentioned that Genesee County is calling for residents to conserve water this summer.

Mark Masse, GCEDC senior vice president of operations, said there is capacity coming up the line from Pembroke and County Engineer Tim Hens has “put place markers in for projects and Plug Power’s project has been held in the county water, so to speak, as a placeholder for a couple of years now. So, it has been accounted for and is included in those numbers.”

He added that GCEDC is pursuing another water line from Niagara County that could bring in an additional 1.5 million gallons per day.

“But the 280,000 gallons … that has been reserved in capacity in all of the numbers that Tim has been working with,” he reiterated.

Schubmehl responded that he was puzzled by that strategy.

“I just hope that you understand how difficult that is to know that this is what has been held in reserve while county residents are being told not to water their lawns this week,” he said. “It just seems a little odd.”

A Lake Street Road (Route 19) resident has come out against the proposed rezoning of seven parcels of land meant to expand the Le Roy Food & Tech Park, claiming that changing it from Residential to Industrial contradicts the Town of Le Roy’s Comprehensive Plan and will prevent him from “the intended use and enjoyment” of his property.

Eric Baines Jr., speaking at Thursday night’s Genesee County Planning Board meeting via Zoom videoconferencing, said that in November he bought what is known as the Olmsted Manor, a 2,900-square-foot colonial house that is near the 75-acre industrial park on Route 19 and Randall Road owned by the Genesee County Economic Development Center.

He said he did not favor a referral submitted to the planning board by the Town of Le Roy to rezone seven parcels totaling about 185 acres to possibly set the stage for a cheese manufacturer, specifically the Ohio-based Great Lakes Cheese, to build a $500 million plant on land adjacent to the park.

Reportedly, Great Lakes Cheese officials have contacted landowners with purchase offers to expand the park to meet the company’s needs.

“At the time when we did our research, the 2017 published Town Comprehensive Plan said that the current use map did not reflect Industrial zoning as well as the future map does not show Industrial zoning surrounding – they’re both Agricultural,” Raines said. “Given that both maps reflect that, we (he and his girlfriend) made the decision to buy this house.”

Looking to Upgrade the Property

Raines said that “use and enjoyment of our land (14 acres) will be jeopardized by this rezoning as we intend fix up the place.”

“This is an historical house, which we’re proud to own … in an historic district in Le Roy,” he said. “We wanted to grow our own food here and largely be independent. To say we are against the industrialization of the agricultural land behind this is not to just push it behind me and go somewhere else.

“We are opposed to it, in general, as to be reflected by the vegetable garden we put in almost immediately. If anybody goes by on Route 19, I am sure you have seen that the place has not been taken care of over the past 50 years, but it is now because we’re here.”

Raines said his plans for the property include recreational hunting, expanding his garden and putting up bat houses to keep the ecosystem healthy.

“This (rezoning and siting of the cheese factory) will trigger a laundry list of chain events that will prohibit any of what we hope to do,” he said.

Responding to a question from Planning Board Member Eric Biscaro, Raines said his property extends right to the line proposed for the cheese plant. He then brought up issues of smell and noise.

“For a $500 million plant, to say there won’t be noise (is not true),” he said. “The electromagnetic radiation alone coming from this plant is going be astronomical, and not something that we had any intention of being surrounded by.”

He said this action does not seem fair, believing that the comprehensive plan serves as a land use document governed by state law and is good through 2029.

Board Only Looking at Rezoning Referral

County Planning Director Felipe Oltramari said that last night’s referral only addresses the rezoning change, not the proposed cheese manufacturing plant.

“The planning board is only considering a rezoning request, which can be made with or without a project,” he said. “If it does get rezoned and a project does come to fruition, we will be reviewing all environmental impacts, including odor and noise, lighting, anything you may think of as part of that project, which would be a separate referral.”

Oltramari sought to clarify the zoning procedure, stating that the comprehensive plan and future land use maps serve as “guidance” but do not restrict municipalities or draw specific boundaries for rezoning.

“You have points that are definitely valid,” he said in response to Raines. “It’s just I wouldn’t go as far as saying that because that area is (zoned) Agriculture, that it should stay Agriculture until 2029. In theory, actually, the town board could amend the future land use plan … through a public process … before 2029 and completely overhaul the comprehensive plan in two years or something like that.”

Raines contended that neighbors who own a horse farm would be “stripped of their horse pasture if this goes through,” and mentioned that he heard talk of eminent domain, which is the right of a government or its agent to expropriate private property for public use, with payment of compensation.

He also said some of his other neighbors are against rezoning and the potential 480,000-square-foot manufacturing plant.

Masse: No Talk of Eminent Domain

Mark Masse, GCEDC senior vice president of Operations, quickly disputed the eminent domain claim, stating that the agency’s board of directors will not participate in that process.

“We have not done it, we have not proposed it, we have never brought it up, and we have never spoken about it,” he said.

Planning Board Member Bob Bennett, referring to eminent domain, noted that GCEDC won’t be the owners of the properties on track to be rezoned.

Contacted this morning, Le Roy Town Supervisor Jim Farnholz disputed the eminent domain claim – “a private entity can not move forward on eminent domain,” he said – and that to his knowledge, “there has been no resistance whatsoever from landowners who have been approached (by Great Lakes Cheese.”

“I know that some of the neighbors have sold significant property to Great Lakes Cheese and that the Falcone Funeral Home is no part of this since they operate under a special use permit in an R-2 zone,” he said. “In fact, changing to an I-2 zone would give him a sense of security for his business.”

Farnholz also mentioned that Raines has a 12-acre buffer behind his house “that is completely grown in, so he wouldn’t see the project” and that all odor, noise and wastewater issues have to meet New York State Department of Environmental Conservation standards.

Le Roy Planners to Meet on Tuesday

The supervisor said that the Le Roy Planning Board will address the issue next Tuesday and that the town board has scheduled a public hearing on the matter for July 8.

As far as the county planning board, it took no action as a motion to approve the rezoning referral died for a lack of second, and a subsequent motion for disapproval did not gain the necessary five votes.

Oltramari said it now goes back to the Town of Le Roy, which can act without a recommendation from county planners.

The planning department had recommended approval since the comprehensive plan adopted by the Town of Le Roy in 2017 identifies this area in its Future Land Use Plan as Agriculture and adjacent to Industrial. Thus, Oltramari wrote, it can be argued that rezoning the property to an industrial use that supports agriculture is consistent with the plan should pose no significant countywide or intercommunity impact.

Earlier in the meeting, Masse said his view was that the town was “trying to be proactive – trying to be ahead a little bit.”

“Obviously, our board approved a purchase and sale agreement for one business (BioWorks Inc., of Victor) at the Le Roy Food & Tech Park that’s existing there – to take 60 of the 75 acres. I think the town is seeing that hopefully will be successful and is trying to be proactive by rezoning some of the other parcels there to help grow that,” he said.

Prospective Company Talking to Landowners

Masse said GCEDC wouldn’t be purchasing the other parcels to be rezoned.

“At this point in time, the companies that have been interested in it have been talking – we put them directly in touch with the property owners,” he said.

He added that BioWorks would be looking at West Bergen Road and Route 19 as entrances and exits.

Bennett mentioned that if the cheese factory was to come in with 500 jobs, “that’s a lot of traffic to come out to West Bergen Road and Route 19.”

“If a company were to locate there, on those back parcels, they would probably come in off of (Route) 19 – that would be the main traffic,” Masse replied. “That would be a shared entrance for our park as well as those back parcels. And that’s going to be driven by the Department of Transportation as well, whether there would be any improvements required there or not.”

Masse said BioWorks is creating 30 jobs but has yet to apply for (tax) incentives.

“Their truck traffic would be like FedEx and UPS delivery trucks,” he said. “It wouldn’t be anything heavy, and from a water standpoint, that particular project plans on recycling all rainwater … and will have very little to no municipal use.”

He added that GCEDC is looking at different options to supply natural gas to the property.

Zoning map at top shows the current zoning, left, and the proposed zoning -- changing the parcels in yellow (Residential) to light purple (Industrial) next to the Le Roy Food & Tech Park.

The Genesee County Planning Department is recommending approval of a site plan review submitted by Plug Power Inc., the Latham-based company specializing in the development of hydrogen fuel cells systems for applications such as heavy-duty freight and forklifts.

The referral is one of 15 on the agenda of the county planning board’s meeting scheduled for 7 p.m. Thursday via Zoom videoconferencing.

According to information provided to the planning department, the site plan to place the green hydrogen facility at the Western New York Science & Technology Advanced Manufacturing Park includes three structures – an 8,000-square-foot operations and maintenance building, a 40,000-square-foot electrolyzer building and a 68,000-square-foot compressor building.

STAMP, located on Crosby Road in the Town of Alabama, is designated as a Technology (T-1) District.

Additional documentation indicates the Genesee County Economic Development Center, which owns STAMP, is in the final stages of closing the sale of 29.884 acres to be allocated to the Plug Power venture, which is being called Gateway Project.

The full environmental assessment form filled out by Plug Power reveals that construction will take place in two phases, with phase one to commence in March 2022 and phase 2 to be completed in June 2023.

It is projected that the company will use 280,000 gallons of water per day, with expected additional capacity from the construction of two new water lines. Company officials state that 70,500 gallons of wastewater will be generated each day. The grounds also will feature a stormwater management facility.

Approximately 16 tanker trucks will come to the facility each day on a reconstructed Crosby Road to provide a new access path. Construction is expected to take place from 7 a.m. to 5 p.m. Monday through Friday. Once complete, it will be a 24-hour operation.

Last Thursday, Genesee County Economic Development Center directors approved approximately $2.8 million in sales tax incentives related to the construction of the electrical substation.

The GCEDC reported that Plug Power is investing $232 million the company to build the facility, which is estimated to create 68 full-time jobs.

The company also is investing $55 million toward the construction a substation that will enable 100-percent renewable, reliable electricity at less than $0.035/kwh to future tenants in partnership with the New York Power Authority and National Grid.

Other referrals of note:

• Special use permit, area variance and site plan review for a Quicklee’s convenience store and four-pump fuel station island at the former Bob Evans Restaurant location in a Commercial (C-2) District at 204 Oak St. (Route 98) in the City of Batavia.

The area variance is necessary because the service station is 165 feet from a church (less than the minimum 500 feet) and the proposed number of parking spaces is 40 (less than the minimum 68).

Patricia Bittar, director of land development projects at WM Schutt Associates, filed the application, stating that the proposed project will take up 2,771 square feet for the convenience store and 1,000 square feet for a drive-thru restaurant.

The planning department recommends approval. The applicant also will have to go in front of the City Planning & Development Committee and Zoning Board of Appeals.

• Site plan review for a 107,138-square-foot addition for warehousing and manufacturing to Liberty Pumps, 7000 Apple Tree Ave., Bergen

The planning department recommends approval with modifications pertaining to stormwater prevention and archaeological impact documentation.

• As previously reported on The Batavian, a zoning map change request from the Le Roy Town Board to rezone seven parcels from Residential (R-2) to Light Industrial (I-2) District to expand the GCEDC-owned Le Roy Food & Tech Park on Route 19 ad Randall Road in the Town of Le Roy.

This action could open the door for Great Lakes Cheese of Hiram, Ohio, to build a $500 million processing plant at the site.

The planning department recommends approval since the Comprehensive Plan adopted by the Town of Le Roy in 2017 identifies this area in its Future Land Use Plan as Agriculture and adjacent to Industrial.

• Zoning text amendments from the Oakfield Town Board for the entire Town of Oakfield to allow major solar collection systems to the Land Conservation (LC) and Agricultural-Residential (AR) Districts and to add public and private utilities to the LC District.

The towns of Oakfield and Elba are gearing up for the proposed construction of a 500-megawatt solar farm by Hecate Energy, which today announced that is has filed an application with the New York State Office of Renewable Energy Siting.

If approved and constructed, the Cider Solar Farm would be the largest solar project ever built in New York State.

Hecate Energy’s press release indicated that the $500 million private infrastructure investment is expected to create moe than 500 construction jobs and will be capable of supplying 920,000 megawatt-hours of renewable electricity per year – enough to power more than 120,000 average New York households.

The planning department is recommending approval.

• A special use permit for Chad Downs, 1300 McVean Road, Darien, to place a pest control business in his home, which sits in a Low Density Residential (LDR) District.

The planning department recommends approval with the modification that the storage and disposal of herbicides, pesticides and other hazardous materials must be conducted in accordance with applicable State and Federal regulations.

Architect's rendering at top: 3D view of the Plug Power facility to go at WNY STAMP. The rectangle building at the front is the compressor building and the long building behind it is the electrolyzer building. The operations and maintenance building is the smaller structure at right.

Interest in a proposed campground on Perry Road in the Town of Pavilion is high, according to the consultant working with a LeRoyan looking to develop 20 to 30 acres of a 94-acre parcel.

“We have about 60 people who have signed letters of intent to rent campsites already,” said David Ciurzynski of Ciurzynski Consulting LLC, of Attica.

Ciurzynski represented Jesse Coots of Le Roy at Thursday night’s Genesee County Planning Board meeting via Zoom videoconferencing.

Planners recommended approval of a special use permit for the 346-site campground and recreation area at 10156 Perry Road, but included stipulations involving mitigation of adverse impact upon wetlands there and obtaining a stormwater pollution prevention permit from the New York State Department of Environmental Conservation.

Developers are addressing those issues, Ciurzynski said.

“We’re really excited about this project. We’ve completed the engineering study and wetland delineation, which has been submitted to the Army Corps of Engineers and the DEC,” he said. “Once we get the special use permit, we’ll get into full engineering and be able to complete the stormwater pollution prevention and other elements of the project.”

Ciurzynski said the plan is to start with 100 sites and build out the remainder after campers begin to populate the campground.

Planners asked about water and sewage capabilities, with Ciurzynski stating that the size of the project prohibits holding tanks.

“We’re going to have to do a septic system, with a full leach bed and everything,” he said.

Planning Director Felipe Oltramari responded by stating he hopes the owners have “good luck in finding water” when drilling wells.

Ciurzynski said the preferred option is to put the first 100 sites up against the road to minimize the number of wells required since the Town of Pavilion also has embarked upon its water district project.

“In talking with the supervisor (Rob LaPoint), he would like to get this water district along Perry Road going as well, so we’re hoping our project helps leapfrog that into place so we can use the water from the Pavilion water district instead of having to drill multiple wells,” he said.

Currently, the 94-acre parcel consists of woodland and farm fields, and is zoned Agricultural-Residential.

In other action, planners recommended approval of several other referrals, including:

• An area variance to change the parking space size for a proposed Rochester Regional Health medical building on Oak Orchard Road in the Town of Batavia;
• A special use permit for a covered outdoor dining space at the Red Osier Landmark Restaurant in Stafford;
• A change in zoning to Commercial for a parcel at 211 E. Main Street to facilitate the development of the GLOW YMCA/United Memorial Medical Center Healthy Living Campus;
• A site plan for a new liquor store at 9 E. Main St., Corfu;
• A special use permit, with modification, for a 5-megawatt solar system on Oak Orchard Road, south of the Village of Elba;
• A special use permit for a hair salon at 1 Farnsworth Ave., Oakfield, on an appointment-only basis.

Previously: Planners expected to consider outdoor dining site at Red Osier, sizeable campground on Perry Road in Pavilion

The Genesee County Planning Board is in for a busy night on Thursday with an agenda featuring 17 referrals, including a proposal to build an outdoor dining space at the Red Osier Landmark Restaurant in Stafford and another to develop a 346-site campground and recreation area on Perry Road in Pavilion.

The meeting will take place at 7 o’clock via Zoom videoconferencing.

Owners Timothy Adams and Steven Foster have submitted a site plan and request for a special use permit to place an outdoor dining pavilion at the rear of the Red Osier property on Route 5.

Plans call for the covered shelter to be set on a 30- by 40-foot concrete pad to the south of the restaurant. The owners also are looking to add a portable 12- by 24-foot manufactured shed for storage and aesthetics, adding that the dumpster will be relocated away from that area and also will be on a concrete pad and fenced in.

Preliminary word is that planning department staff suggests approval of the referral, stating that the proposed pavilion and improvements should pose no significant countywide or intercommunity impact.

Jesse Coots, of Le Roy, submitted a site plan and is asking for a special use permit to create and operate the campground at 10156 Perry Road. The plan calls for building it in two phases, using 20 to 30 acres of a 94-acre parcel that is zoned Agricultural-Residential. Currently, the land consists of woodland and farm fields.

Approval with modification is recommended by planning staff, who are asking the board to require the applicant to provide proof that there will be no adverse impact upon wetlands and to obtain a stormwater permit from the state Department of Environmental Conservation.

Other referrals include the following:

• Rezoning of 211 E. Main St., Batavia, from P-2 (Planned Development) to C-3 (Commercial) for consistency purposes prior to demolition of Cary Hall and eventual construction of the Healthy Living Campus joint venture between the GLOW YMCA and United Memorial Medical Center.

Currently, Cary Hall is not being used. It formerly housed medical offices and, before that, was the home of the McAuley School of Practical Nursing.

County planning staff has determined that the zoning change is not inconsistent with the City of Batavia’s comprehensive plan adopted in 2017 and should go forward.

• A site plan review of a new liquor store at 9 E. Main St., Corfu, to be owned and operated by Brittany Schafer.

In documents submitted by Schafer, she plans to call the business Brittany’s Booze Barn and be open from the hours of 1 to 8 p.m., hopefully by July 4. It is in a Commercial-Residential District with existing residential space upstairs.

Planning staff recommends approval.

• A special use permit to develop a 5-megawatt community solar project at 7209 Oak Orchard Road, Elba, just south of Route 262, covering half of a 55-acre parcel owned by CY Properties LLC.

Documents state that NY CDG Genesee I LLC, of Acton, Ontario, Canada, is planning to install about 16,400 solar panels on 200 free standing tracking solar table modules, as well as new electrical equipment, accessories, concrete pads for equipment and new gravel access drive.

The land is zoned Business and Agricultural-Residential.

A letter from LaBella Associates, representing the solar group, indicates that a PILOT (payment in lieu of taxes) agreement through the Genesee County Economic Development Center will be requested.

County planning staff has determined that since the project will be on prime farm land, the applicant should relocate the portion of the driveway and equipment pad currently proposed through the middle of the field to the edge of the field or amend the decommissioning plan to minimize the impact on the soil.

• A special use permit request by Tanya Peal to operate a one-chair hair salon in her home at 1 Farnsworth Ave., Oakfield, in a Residential District. Her paperwork indicates that customers will be received on an appointment-only basis and she has room to park four vehicles.

The recommendation of county staff is for approval.

• An area variance for Rochester Regional Health to modify the size of parking spaces from 10- by 20-feet to 9- by 18-feet at the site of its proposed 140,000-square-foot medical office building at 8103 Oak Orchard Road, Batavia – north of the Thruway exit. The change would increase the number of parking spots from 360 to 432.

Consultants for RRH state that the modification will allow the required amount of onsite parking to be provided, while satisfying the town’s request for an access agreement along the northern boundary of the site. The access requirement reduces slightly the space for parking, resulting in the need to go to a 9 by 18 parking spot configuration.

Planning staff has determined that the proposed variance should pose no significant countywide or intercommunity impact.

Developer Eric Biscaro is looking at a 20-acre parcel on East Avenue in the Village of Le Roy to construct a bigger version of the Clinton Crossings Adult Community that his company built on Clinton Street Road in the Town of Batavia.

“If you drove around Clinton Crossings, it’s the same thing, only 50-percent bigger,” said Biscaro, owner of Classic Home Improvements and Armor Building Supply on Ellicott Street Road. “It’s in its early stages, and there’s a lot of stuff to work out before it’s definitely a go, but we’re attempting it.”

Biscaro appeared before the Genesee County Planning Board on Thursday night, requesting a zoning map change to rezone the area from Residential to Planned Unit Development and for a review of the site plan that outlines the development of 30 duplex patio home rentals for seniors.

County Planning Director Felipe Oltramari said a Planned Unit Development (or PUD) is a custom zoning district that encompasses a multiunit layout with one owner. He compared Biscaro’s project to the Royal Apartments in Le Roy in this regard.

The planning board recommended approval of Biscaro’s referral, but with several modifications, as follows:

-- The applicant include street connectivity to the west through the development of "South Avenue,” which is currently a paper street, in order to improve public safety/emergency access and to better conform with the Village's Comprehensive Plan, which calls for prohibiting the construction of cul-de-sacs;

-- The applicant work with the village to provide a pedestrian connection, such as a sidewalk extension, to the north on East Avenue and to the west on the proposed South Avenue;

-- The applicant conduct an archaeological survey and apply for 9-1-1 Address Verification to the Genesee County Sheriff's Office to ensure that the addresses of the proposed homes meet Enhanced 9-1-1 standards.*

Planning Board Member Tom Schubmehl also emphasized the necessity of having enough room for fire and emergency trucks to be able to properly navigate through the complex.

Biscaro said he is prepared to “go through all the steps (as required by the village), and hopefully we get all the way.”

“With all of the approvals and utilities and that kind of stuff, it likely will be months before we’ll be able to do any work,” he said, adding that two other attempts at a project such as this failed to materialize.

Rooftop Patios at Ellicott Place

Planners also took another look at the downtown design for Ellicott Place, the $2.3 million renovation of the Save-A-Lot building at 45 Ellicott St., in light of V.J. Gautieri Constructors Inc.’s revised plan to create rooftop patios outside of the 10 second-floor apartments.

The board is recommending approval of the installation of the 10-foot by 6-foot patios, which will be secured by protective guardrails measuring 42 inches high.

Company President Victor Gautieri said work continues on the project, which calls for the creation of seven one-bedroom and three two-bedroom apartments on the vacant, 11,600-square-foot second floor and development of 18,000 square feet of first-floor commercial/retail space.

“It’s been a tough road with the impediments that we have faced – COVID and material shortages, but we’re plugging away,” Gautieri said, adding that the wait time for appliances is between 12 and 14 weeks. “(Acquiring) paint has been an issue as well …”

Gautieri said he has moved the completion date of the apartments back a month to May 30.

“That will be a tough one to get to, but we’ll keep pushing at it,” he said.

A Drive-Thru for Chipotle

In other action, the planning board recommended approval of the following referrals:

• A special use permit for COR Development Veterans Memorial Drive Company LLC, to add a drive-thru to the building at 4222 Veterans Memorial Drive in the Towne Center at Batavia that is slated to house a new Chipotle restaurant.

The building also is the site of the Five Guys restaurant.

Other additions to the Chipotle location, which will have indoor seating, include outdoor seating, grease trap and trash enclosure.

• An area variance for Dickinson’s Auto at 4028 W. Main Street Road (Route 5) to construct a new truck storage building that will be 10 feet from the lot line – 20 feet less than the minimum required. The business is in a Commercial District.

•  A site plan and area variance for Carolina Eastern-Crocker LLC, to build a new 60-foot by 200-foot pole barn to replace the current 45-foot by 113-foot structure at its main location, 8610 Route 237, Stafford. The variance was needed because the building will be 30 feet from the side lot line – 10 feet less than what the ordinance mandates.

Carolina Eastern-Crocker’s products include dry and liquid fertilizers, "Pop Up" fertilizers, organic fertilizer, crop protection products, ag lime, gypsum, seeds, custom application and spraying, variable rate application, fine ground corn meal, and corn purchasing.

• Placement of a sign for a new liquor store – Liberty’s Liquor Cabinet – at 10594 Main St., Alexander. The store, owned by Jennifer Wall, replaces a dog grooming business that previously operated out of that location.

• Zoning text amendments from the Town of Alexander and Town of Bethany to regulate solar energy systems.

*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.

Early layout of an enclosed patio at the Ellicott Place apartments above the Save-A-Lot store (from Genesee County Planning Department renderings).

Update: 4 p.m. March 19 --

Clarification in seventh paragraph, fixing Baccile's title and the number of megawatts quoted by Farnholz from 125 to 25.

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Le Roy Town Supervisor James Farnholz said that while he respects the wishes of his colleagues on the town board to restrict community solar farms in residential and agricultural districts, his preference would have been finding a “middle ground” to give farmers the chance to repurpose their land.

The subject of the town’s proposed local law and zoning on solar projects was part of the agenda of Thursday night’s Genesee County Planning Board meeting via Zoom videoconferencing. Planners discussed the Le Roy Town Board’s 4-1 vote to not allow these smaller solar projects in the aforementioned designated zones.

Farnholz cast the lone vote to permit them.

“We’ve been working on this commercial solar for the last two and a half years … and I see that farmers are getting on in years and nobody is taking over the farm, and they want the opportunity to make some money,” Farnholz said when contacted by telephone on Friday. “I didn’t want to be the guy that tells them no.”

He said the proposed local law and zoning would allow community solar in areas that are zoned ground-mounted, industrial and interchange zones. In areas that are zoned commercial, that solar would have to be roof mounted.

Farnholz said a “couple of good reasons” factored into the other board members’ decisions.

No Room at the Inn

“Part of the reasoning, as we were told by Ty Baccile, project manager, solar development for Clean Choice Energy, and several others, was that the grid station here in Le Roy could only take, I believe it was 25 megawatts,” Farnholz said. “Which, basically, would mean there would be five farmers or landowners who could have 25-acre separate parcels of solar (at 5 megawatts each) on their land. And those five spots were already taken up in the queue for the grid.”

He said the other factor in the town’s comprehensive plan and agricultural land protection was just that – to protect the farmland.

Additionally, Farnholz pointed out New York State’s increased involvement in siting huge solar projects, such as the ones moving forward in Byron and Elba.

“Once it gets beyond a certain size, and I believe that it is 25 megawatts, it essentially will fall under the state Siting Board, which will make the decisions on it. It kind of bypasses your local zoning,” Farnholz explained.

“Given the political climate between New York State and the federal government on green energy, my personal view is that I would rather find a middle ground than have something forced on us. I’d rather give somebody 40 acres than have them come in and do 500 and not have any voice in it whatsoever.”

Shutting Out the Farmers?

During the planning board meeting, Baccile said he “wanted to share our concerns that this law as it was voted on it would cancel the opportunity in the R-A district for large farmers who wanted to co-locate maybe 30 or 40 acres of solar for community solar … to generate revenue and keep things on the farm going.”

“Basically, as it was voted, it's going to take that away from farmers who had come to the meeting and expressed that this would be a good way for them to support their farm,” he said.

Genesee County Planning Director Felipe Oltramari agreed that it “definitely is not the most solar friendly of local laws, but noted that it is the town board’s prerogative.

“They can decide as, as the elected representatives of Le Roy whether to he pursue, just as (the Town of) Stafford did, a local law that's more restrictive or less friendly to solar development …,” he said.

Oltramari then gave a less than enthusiastic review of wording in the Town of Le Roy’s proposed local law and zoning on solar, making observations that Farnholz said he can’t dispute.

The planning director said he wasn’t on board with the “definitions” in the text or the way that town officials determined the total surface area of a potential solar farm.

“The Town of Le Roy did not follow some of the state models, so the language is a little rough and just needs to be refined,” Oltramari said, adding that the zoning regulation lists multiple names for the same thing, such as “major solar collection system, major system, commercial use minor solar collection system, and ground-mounted solar energy systems. It makes it confusing …”

Definitions Section Needs Revision

Oltramari, in a letter to the town board, said the various terms make it hard to read and understand, and suggested settling on one term and using it throughout.

On the issue of the allowed total surface area, he said “this one can become problematic because it has a potential (where) people are going to basically ask for a lot of variances compared to most solar laws that I’ve seen used.”

He said that most laws figure in equipment pads, posts, foundations of the solar panels and the panels themselves when determining the percentage of coverage requirements.

“When you include the area of the panels it's going to become problematic and you end up creating, basically having to acquire, these large parcels so that only a portion of them will be covered by solar panels and so you end up with a lot of wasted land,” he said. “And that is probably too small to farm or too inconvenient to farm and it sort of gets wasted.”

Oltramari suggested that Le Roy use the New York State model, which includes the footers of the panels, the equipment pads and any paved roads in the lot coverage.

Farnholz had no issue with Oltramari’s suggestions to revise the definitions section and the determination of the permitted total surface area.

“Actually, we discussed that at our meeting last night and agreed that it was problematic and when it does come back from there, we’ll remove that,” he said. “That will be corrected.”

County planners reommended approval of the town’s zoning regulations as long as the revisions outlined in the letter from the planning department are considered (and applied).

Genesee County Planning Board members Thursday night fired off a few rounds of questions about safety, noise, glare and berms to the Brockport man proposing to develop an outdoor shooting range and drive-in theater on Harloff Road in the Town of Batavia.

At its meeting held via Zoom videoconferencing, the board recommended approval -- with modifications concerning stormwater pollution mitigation and acquiring the proper permits – of a special use permit and site plan for Brandon Lewis to construct and operate the business for shooting, firearms training, general recreation, fitness training and family entertainment, including a drive-in movie theater.

The venture, which is scheduled to go before the Batavia Town Planning Board next Tuesday, would be located at 3269 Harloff Road, not far from the Area 51 Motocross layout.

Lewis was asked about the placement of the theater screen and whether it would be visible to motorists on the nearby Thruway. He responded that he would make sure that wouldn’t be the case, but the board agreed to include that to the suggested modifications.

Planners also inquired about the number of berms or trees on the parcel, specifically on the west side between the rifle range and the neighboring property. Lewis said that a berm already is in place there along with a 12-foot retaining wall.

Concerning the possibility of noise from the shooting, Lewis said while the natural berms would “deflect sound from going onto the Thruway,” he also plans to plant more trees.

“It won’t be as disruptive as a semi going down the Thruway,” he said.

The board then asked about the hours of operation. Lewis said it mostly be during regular daytime business hours, but didn’t leave out the possibility of special target shooting event in the evening.

Furthermore, Lewis, who grew up in East Bethany, made it clear that no shooting will take place when the movie theater is open.

“We want safety for everyone,” he said.

Planners also considered the following referrals:

• A site plan review for Mutka 3450 Properties of British Columbia, Canada, to construct a 1,500-square-foot office addition to an existing warehouse facility in a Manufacture-Industrial district at 3450 Railroad Ave. in the Village of Alexander. Approval with the modification that the site plan complies with all applicable floodplain construction requirements.

• A site plan review for BALD Development LLC of Alden to construct an 11,250-square-foot (225 by 50) pole-barn-type commercial office/storage building in a Commercial district at 234 Genesee St. (Route 33) in the Town of Darien. Approval with modifications pertaining to driveway permits, stormwater pollution prevention, proper lighting and adherence to 9-1-1 standards.

• A special use permit for ForeFront Power of San Francisco to place a 45-acre, 5 megawatt ground-mounted solar system in an Agricultural-Residential district at 6982 Norton Road in the Town of Elba. Approval with modifications pertaining to relocating a portion of the driveway and equipment pad to the edge of the field and adherence to 9-1-1 standards.

The owner of The Firing Pin indoor shooting range and gun shop in Bergen says he is prepared to help society “return to normalcy” through the development of an outdoor recreational facility that includes a drive-in movie theater on a 22-acre parcel at 3269 Harloff Road in the Town of Batavia.

Brandon Lewis, an East Bethany native and Alexander Central School graduate, provided details this morning of his plan, which is on the agenda of tonight’s Genesee County Planning Board meeting via Zoom videoconferencing.

According to documents submitted to planners, Lewis, who recently moved to Brockport, is requesting a special use permit and review of the site plan to construct and operate the business for firearms training, general recreation, fitness training and a drive-in theater.

The location, in an Agricultural-Residential district, previously was used for snow tubing.

“We’re hoping to have shooting by July and have some fun events – maybe a haunted hayride this fall … just some affordable family entertainment and family fun on top of the shooting range,” he said. “I think we can mesh those two things, and I think it’s good for a return to normalcy. Firearms are a completely normal, healthy American family activity that can mesh with other forms of family entertainment.”

Lewis, owner of The Firing Pin since 2014, said he approached the Batavia Town Planning Board more than a year ago before the COVID-19 pandemic hit, just to introduce planners to his idea. He said the board was enthusiastic in its response.

“I asked if this was feasible or (would it be) an uphill fight the whole way, and they said it sounds great and your property is perfect for it,” recalled Lewis, who purchased the former Polar Wave property a year earlier and “just fell in love with it.”

“The potential that it offers to the people of the region, really, and, talking with my family, we just thought (we could provide) something that hadn’t been done before around here,” he added.

He said the land is naturally suited to be a shooting range, which will be the primary focus.

“It will be more of a gun club, still open to the public, but more of a club-type of atmosphere where we can offer so many different kinds of training that you can’t do at an indoor range,” he said. “Being able to do that and opening it up to law enforcement, that’s going to a huge potential source of customers for us. There’s a lot that we can offer as far as demos, training and things that don’t exist anywhere around here.”

Lewis said numerous police officers from the county and surrounding area use The Firing Pin and he believes they will be attracted to an outdoor range where they can further their training.

“We have great relationships with all the local law enforcement agencies, and I’m sure we’ll see many of those guys out there privately as well. Most of the officers are very dedicated to training even on their personal time,” he said.

As far as the drive-in theater is concerned, Lewis said he will start by putting up a small projector screen to show classic movies and favorites. The hope is to expand and show new releases with room for up to 130 cars – along the lines of the Silver Lake Drive-In in Perry.

Lewis also said the area will be available for music concerts – “somewhere (in size) between Jackson Square in Batavia versus Darien Lake,” he said – and for car shows, craft shows and other events.

“I think there’s a sweet spot in there that we’re missing out on,” he said.

He said immediate plans are to fix the on-site bathrooms and a long-term goal is to build a clubhouse.

Other referrals of note are as follows:

• A site plan review for Mutka 3450 Properties of British Columbia, Canada, to construct a 1,500-square-foot office addition to an existing warehouse facility in a Manufacture-Industrial district at 3450 Railroad Ave. in the Village of Alexander;

• A site plan review for BALD Development LLC of Alden to construct an 11,250-square-foot (225 by 50) pole-barn-type commercial office/storage building in a Commercial district at 234 Genesee St. (Route 33) in the Town of Darien.

• A special use permit for ForeFront Power of San Francisco to place a 45-acre, 5 megawatt ground-mounted solar system in an Agricultural-Residential district at 6982 Norton Road in the Town of Elba. The company is looking to install the solar array with associated electrical equipment, access road, fencing and landscaping on an existing farm field owned by Daniel and Penny Mudrzynski.

• Zoning text amendments related to solar energy submitted by the Darien, Elba and Le Roy town boards.

Rendering at top showing: a 200-yard shooting range at top; trap shooting range (triangle); drive-in theater at left; handgun range between the 200-yard range and theater; RV park next to the drive-in; and training course at right. Courtesy of Genesee County Planning Department.

The Genesee County Planning Board on Thursday night is expected to act on a staff recommendation to approve a site plan submitted by the owner of a Jackson Street building to be renovated with support from the New York State Downtown Revitalization Initiative.

The monthly meeting will take place via Zoom videoconferencing starting at 7 o’clock.

Jack Waggoner, of Corfu, is looking to change the exterior appearance of the structure that currently houses Gilliana’s Diner (41 Jackson St.) and Michael Anthony’s Hair Salon (43 Jackson St.) on the lower floor and five office units on the top floor.

Waggoner said that a law firm (Block, Longo, LaMarca and Brzezinski, P.C.) will be moving in next month to 39 Jackson St., which had been the site of Art Ah La Carte.

Proposed changes include building out storefront entrances flush to the face of the building, replacing windows, installing exterior down lighting on the face of the elevation, removing existing ridged canopy projections and installing new retractable fabric awnings.

Additionally, the project calls for the installation of a new aluminum-clad wooden door with transoms and side lights on the west and south elevations and new aluminum-clad wood storefronts with transom windows on the west and south elevations.

An architect’s rendering has signage with the name of the business above the retractable awnings, something that Waggoner said is a possibility.

Part of the Downtown Business Improvement District, the building is one of several to receive Building Improvement Fund assistance.

Andrew Maguire, director of economic development for the Batavia Development Corporation, said the project was awarded $100,000 of the $600,000 in BIF money available through the DRI. The BDC is charged with implementing, administering and executing this grant program, which mirrors the Homes and Community Renewal New York Main Street Grant program.

The building at 1 School St., home to Batavia Massage Therapy, is connected to the primary building and may see some improvements as well, Waggoner said.

“Not like the Jackson Street façade, but I’m still working on it – seeing how the budget works out. Possibly, do new doors over there and maybe some windows, but nothing spectacular there,” he said.

Following county planners' review, the referral will be considered by the City of Batavia Planning & Development Committee at its Feb. 16 meeting.

Per the grant program, work on the building is subject to a competitive bidding process. Waggoner said he is in the process of contracting with an architectural firm and hopes to begin renovations in May.

The county planning department staff is recommending approval, noting that the exterior changes align with the city’s design guidelines.

Thursday’s agenda also includes the following referrals:

• An area variance request submitted by The Daily News, 438 E. Main St., to have Signs by John’s Studio place a 4-foot by 40-foot non-illuminated pole sign identifying itself outside of the required 40- by 40-foot clear area for a corner lot at East Main and Harvester Avenue.

The referral will have to go before the City of Batavia Zoning Board of Appeals for area variances due to the fact that pole signs are not permitted in the Commercial C-1 district and the minimum vertical clearance under pole signs is 10 feet – not 2 feet as proposed.

Submitted documentation indicates that the sign will create no undesirable change in the district and is necessary because the building owner does not permit wall signs on the structure.

The planning department staff is recommending approval as the proposed sign should pose no significant countywide or intercommunity impact.

• A site plan review and special use permit request Ryan Dewitt Oil Co. of Pearl Creek to place a car wash in a Commercial C-2 district at 13 Lake St. (Route 19) in Le Roy. Previously, it was the location of a gas station.

Planning department staff recommends approval as long as the applicant obtains a driveway permit from the New York State Department of Transportation for the change in use and merges the two parcels into one to avoid the need for variances.

• A site plan review and area variance referral from Peter Yasses, of Byron, who is proposing to construct a self-storage unit on an acre parcel in a Commercial district on Byron Holley Road (Route 237), near Mill Pond Road.

Variances are needed to allow for less than minimums of lot size, frontage and depth, and front and side setbacks.

The planning staff recommends approval with modifications, which include Yasses obtaining a driveway permit from the state DOT for the change in use prior to final approval by the town, and installing on-site lighting so as to not shine directly onto neighboring properties or cause a hazard for motorists.

• Zoning text amendments submitted by the Le Roy Village Board to include laundromats in Commercial C-1, Commercial C-2 and Industrial districts upon the issuance of a special use permit and to include business and professional offices to the list of permitted uses in an Industrial I-1 district.

Planning staff recommends approval of both amendments.

At top -- Architect's rendering of improvements planned for 39-43 Jackson St., Batavia.

An Ellicott Street Road resident on Thursday night was advised to contact Town of Batavia council members over her objections to proposed side-by-side community solar projects on the property of a neighboring farmer that she said circumvented the town’s zoning regulations.

Speaking at the Genesee County Planning Board meeting via Zoom videoconferencing, Nancy Brach, of 5168 Ellicott Street Road, questioned the panel and Planning Director Felipe Oltramari about the validity of two (approximately) 20-acre solar arrays next to each other on land owned by Donald Partridge at 5117 Ellicott Street Road.

Brach expressed her views in the midst of a 40-minute discussion over the special use permit and area variance referrals to place a 5-megawatt solar farm on 18.2 acres of a 65-acre parcel and a 4-megawatt system on 19.6 acres of a 71-acre parcel. The projects, named Trousdale Solar I and Trousdale Solar II, are being developed for Partridge by Cypress Creek Renewables LLC.

“I understood that there was a 20-acre limit, is that correct?” Brach asked. After Oltramari answered yes, Brach said, “So, we’re putting together two 20-acre parcels, is that correct?”

Oltramari replied that “technically, there are two solar farms; they are side by side, but there are two of them.”

She proceeded to ask if they were owned by the same person and, again, Oltramari responded in the affirmative – the same landowner and the same solar company.

“So, my question is, if there is a 20-acre limit and you allow people to put parcel after parcel together, effectively, you could have 1,000 acres,” she said. “How do we prevent that? This is making a piece of property that doubles the amount of the minimum and yet we’re going ahead with it. What would keep us from having 100 acres, 200 acres, if you just let people split the property in name only?”

Acknowledging that Brach had a “valid point,” Oltramari noted that some municipalities don’t have any size limitations and some have larger than 20 acres, but 20 acres seems to be the minimum, and added that the Town of Batavia was one of the first localities to adopt a solar law.

He then said that New York State provides incentives for these types of solar projects that generate around 5 megawatts of power, before adding that a similar two-in-one type project – earmarked for a more isolated area in the Town of Pembroke – was on the evening’s referral list for a special use permit.

Undeterred, Brach, who was one of three Ellicott Street Road residents who voiced their opposition during the meeting, reiterated, “How to we protect (the 20-acre limitation) because it seems to go against how the law was designed?”

Oltramari then suggested a zoning change or at least a change in the wording would have to come from town officials, and said residents would need to petition their town board before that could happen.

Brach, who hosted a neighborhood meeting with Partridge at her home in June 2019 to convey their concerns, said the ambiguity of the zoning is what has people upset about “having a solar project put in their backyard.”

“If you say 20 acres, then two 20-acre parcels are not 20 acres, it’s 40 acres and it opens up the opportunity for 60 or 80 or 100 acres, and that’s just not honest,” she said.

Planning Board Member Jill Gould then explained that this panel makes recommendations based on whether the applications adhere to town zoning laws, and re-emphasized that complaints by Brach and others should be directed to the Town of Batavia.

Timothy Morrow and Kathy Antonelli, also of Ellicott Street Road, spoke prior to Brach.

Morrow said he wanted to know what chemicals were in the solar panels as he feared that harmful agents could seep into a large aquifer in that area and affect homeowners’ wells.

Jerry Leone, of Rochester, representing Cypress Creek Renewables LLC, said that he would provide Morrow with the findings of the environmental studies already conducted. Later on, it was indicated that the overwhelming majority of solar panels in New York are based on silicon technology (quartz or sand).

Antonelli said the solar arrays will be place “behind my house and diagonally from my property” and asked if the project would decrease the property values in the area.

“And why so close to our homes, with all of the farmland in this area?” she asked. “I don’t want to sit on my back deck and look at a solar farm.”

At the end of the debate, planners approved both solar projects by a 6-1 vote with Robert Houseknecht casting the “no” vote. The measure now goes back to the Batavia Town Planning Board, which is meeting next Tuesday, and one of the projects will also be considered by the Town Zoning Board of Appeals since an area variance is needed because the frontage is less than the minimum requirement.

Recommended modifications include obtaining a stormwater pollution prevention plan and relocating a part of the driveway and equipment pad from the middle of the array to the edge of the field or on existing laneways.

In other action, planners approved:

• With modifications (stormwater pollution prevention plan and archaeological study), a site plan review for a LandPro sales, storage and maintenance facility at 4554 W. Saile Drive in the Town of Batavia. LandPro is a major dealer of John Deere tractors and equipment.

• With modifications (see above), a site plan review and area variance for Rochester Regional Health’s four-story, 140,000-square-foot medical office building at 8103 Oak Orchard Road (Route 98), near Call Parkway, in the Town of Batavia. The project will include the installation of a traffic signal on Route 98, connecting Call Parkway with Federal Drive.

• A special use permit referral from Solar Liberty Energy Systems Inc. of Buffalo for solar farms generating 5.3 megawatts and 6.6 megawatts at 7984 Tesnow Road in the Town of Pembroke. The property is owned by Kreher Brothers LLC of Clarence.

• A site plan review to relocate Precious Paws to an existing commercial building at 10571 Main St., Alexander. The applicant, Alicia Brenkus, will be converting a former pizza shop to her dog grooming business.

Update: 3:30 p.m. with comments from Victor Gautieri, president of V.J. Gautieri Constructors Inc. on the proposed changes:

The crux of the change is when we started looking at when the folks walk in on the first floor, into the building, there is a corridor that leads ot the elevator, and then they take the elevator up to the second floor. Well, there were three turns that had to be made before you actually reached the elevator door. So, from a safety perspective and people's comfort level, I guess, it is better to have fewer turns and a more direct access to the elevator doors.

We made it much more convenient to get to those elevator doors, but in order to do so, we had to move the elevator from within the second-floor footprint. It's now coming out -- outside of the building, adjacent to the outside wall of the building (on the north side).

-----------------

The Genesee County Planning Board tonight is expected to consider a site plan review referral from the City of Batavia Planning & Development Committee on behalf of V.J. Gautieri Constructors Inc.. The company is proposing to relocate an elevator leading to the second-floor apartments of the Ellicott Place project at 45-47 Ellicott St.

According to a document submitted by City Code Enforcement Officer Doug Randall, the applicant has requested approval to modify the previously approved design of the second floor by moving the elevator originally planned for the interior of the existing building to a location on the exterior wall of the north elevation.

Randall wrote that the change would result in an exterior alteration to the building that is located in a Central Commercial (C-3) zone within the Business Improvement District.

In its submission for modification proposal, V.J. Gautieri officials report that the basis for the changes “is to develop a more easily accessible, safe entry for the second-floor apartment tenants, wherein the travel distance and corridor turns to the first-floor elevator access point would both be reduced to a more desirable condition.”

Specific changes, as outlined in the new plan, include:

• On the south elevation, utilizing the existing stair to the second floor instead of pushing it outside of the second-floor footprint, which required a second-floor addition.

• On the north elevation, shortening the distance to the apartment elevator, (which) required the shaft and associated exit stair to be pushed outside the second-floor footprint. This change will result in the construction of a 19- by 23-foot second-floor addition, with the exterior in wood cladding to keep with the second-floor visual design.

• On the interior, requiring the southwest apartment to be changed from a two-bedroom to a one-bedroom unit, and the northwest apartment to be changed from a one-bedroom to a two-bedroom unit. Thus, the total number of one- and two-bedroom apartments will not change.

Work is underway on the Downtown Revitalization Initiative project, a $2.3 million renovation of the exterior of the building and the vacant space that will include 10 market rate apartments on the second floor.

Plans call for the construction of seven one-bedroom and three two-bedroom apartments on the vacant, 11,600-square-foot second floor, and includes the development of 18,000 square feet of first-floor commercial/retail space.

In a related development, planners also will look at an area variance request from Signs by John’s Studio on behalf of V.J. Gautieri Constructors and Save-A-Lot to

replace four existing internally lit signs featuring the supermarket’s existing logo with its new logo (pictured).

According to a City of Batavia sign permit application, there will be a 15-foot by 96-inch wall sign, a 44-inch by 145-inch pole sign and two 23-inch by 36-inch entrance/exit signs.

Both referrals have been recommended for approval by Genesee County Planning Department staff, but will be subject to review by the City Planning & Development Committee and, in the case of the sign application, by the City Zoning Board of Appeals.

Also on tonight’s agenda is a special use permit and site plan review to erect two buildings with eight apartment units each in a Limited Commercial zone at 8940 Alleghany Road (Route 77), near Cohocton Road, in the Town of Pembroke.

The applicant, Daryl Martin Architect, P.C., of Orchard Park, proposes to build a pair of two-story structures – each featuring seven two-bedroom apartments and one one-bedroom apartment for property owner/developer Tim Cansdale.

Planning department staff recommendation is approval with modifications pertaining to driveway and stormwater permits, and adherence to Enhanced 9-1-1 standards.

*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide the caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.

Now that the Batavia City Council has passed a resolution amending the city’s municipal code to allow public garages in I-1 (Industrial) zones, the catalyst of what turned out to be a drawn-out process says his plan to place an auto repair shop on his property is on hold.

“I lost my tenant, so at this point, we’ll see what happens. But at least it is all set so that somebody could do it and I may very well do it,” said Eric Biscaro, owner of Classic Home Improvements and Armor Building Supply at 653 Ellicott St., in reaction to a development from Monday night’s City Council meeting.

Biscaro approached City Council on Jan. 27 – nine months and 14 days ago – after the Genesee County Planning Board recommended disapproval of his request for a use variance to put up a small two-bay garage behind the Armor side of the facility.

Unfortunately for him at the time, city zoning permitted service stations only in areas zoned Commercial.

He was advised that a zoning modification may be the only way for his wish to come true, and that it would take several months to adopt a Local Law, which would happen only after a series of referrals to city and county planning boards, a public hearing and environmental review.

At that time, Biscaro had someone interested in running a repair shop on the site, but that isn’t the case anymore. But, he’s not ruling it out in the future.

“Now that it is approved, I might start marketing it again to see what I get,” he said. “Still, in any industrial zone now you can do that. I was very surprised that you couldn’t do it in the first place.”

Council’s action last night included the issuing of a negative declaration in accordance with the State Environmental Quality Review Act and passage of an ordinance amending Chapter 190 entitled “zoning” of the City of Batavia Municipal Code to amend I-1 to include public garage businesses by a special use permit.

The Genesee County Planning Board is asking the Byron Town Board to consider revisions to a couple sections of its proposed local law on solar energy systems.

Planners on Thursday night approved the referral from the town for zoning text amendments governing the placement of solar projects, but not before Planning Director Felipe Oltramari pointed out issues with wording in sections pertaining to property values and prime farmland.

On the clause addressing the impact of large-scale solar projects upon property values, Oltramari said it lacked clarity and detail, noting that it was just one sentence. The section in question currently states:

Property Value and Taxpayer Protection: Tier 3 and Tier 4 Solar Energy Systems, once constructed and operational, shall not reduce the property value of adjacent parcels where a parcel owner is not in privity of contract with the applicant or its successors, agents or assigns.

Oltramari said that description “needs to be fleshed out some more” and said that without an appraisal before and after the project siting, it would be difficult to prove how much, if any, the value of the property had changed.

He said he realizes that the town consulted with attorneys to draft the plan and didn’t want to overstep their expertise, but he said he “had concerns about the clarity and the practicality of having something like that that can’t really be enforced.”

On the use of prime farmland, Oltramari said he understands the reasoning behind limiting projects to no more than 10 percent of prime farmland – as is the case of the 280-megawatt Excelsior Solar Project under Article 10 of New York State law – but he believes the proposed local law doesn’t go far enough in its description of prime farmland.

He said a local resident mentioned a soil survey that determines how much prime farmland is in the town, specifically noting a category called “prime if drained.”

“That means that if the landowner puts in what they call tiling – drainage to make the soil drain better, then the land becomes prime farm if those improvements are made to the fields,” he said. “But whether or not the field is tiled, only the property owner knows and maybe a few others. You would have to know how much of that farmland is actually drained. If you don’t know that, you don’t know the full percentage of prime farmland in the town.”

Oltramari said he expects the Byron Town Planning Board to review the proposal and issue recommendations to the town board, and hopefully will take a look at those two sections.

County planners briefly discussed NextEra Energy Resources’ 1,700-acre Excelsior project that is in the hands of the state Board on Electric Generation Siting and the Environment.

While Oltramari said large solar arrays such as this “are supposed to adhere to local regulations,” Article 10 – and now the Accelerated Renewable Energy Growth and Community Benefit Act -- supersedes local planning board authority.

In other action, planners:

• Approved a special use permit and downtown design review for the Downtown Revitalization Initiative project to renovate the Main Street Pizza building at 206 E. Main St.

As first reported on The Batavian, applicant Paul Marchese, doing business as Just Chez Realty LLC, submitted plans to create two apartments on the second floor and change the exterior of the building at 206 E. Main St.

The only stipulation in the planners’ approval was that the project meets Enhanced 9-1-1* standards.

Marchese’s request now will go before the City Planning & Development Committee, likely at its Oct. 20 meeting.

• Approved a zoning map change request from R-1 (residential) to C-2 (commercial) by James Barsaloux to offer local craft beer, food and live music, at his farm market operation at 8041 E. Main Road, Le Roy.

Oltramari said the Town of Le Roy’s comprehensive plan indicates acceptance of a mix of residential and commercial operations in its future land use.

Planners said they were concerned about traffic and noise, and hoped that the town would conduct a proper review of the site plan and special use permit to mitigate any potential problems.

Barsaloux said that he intends to have live music only a couple nights per month and no later than 9 p.m., adding that he wants to keep “a family atmosphere … not another bar.”

• Approved a special use permit request from John Kula of Freedom Fellowship LLC, for a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20).

The project came before planners in August, when they granted an area variance for the public garage, which will be set up as a vocational training site for people in recovery from substance use disorders.

*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide the caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.

Previously: County planning agenda includes special use permit referral for Main Street Pizza building.

 

The Genesee County Planning Board on Thursday will consider a referral from Paul Marchese, doing business as Just Chez Realty LLC, for a special use permit and downtown design review for improvements to the Main Street Pizza building at 206 E. Main St.

Documents submitted to the planning board reveal that the applicant wishes to create two apartments on the second floor and change the exterior of the building that is located in the Downtown Business Improvement District.

A letter dated Sept. 29 from Doug Randall, City of Batavia code enforcement officer, to county planners and the City Planning & Development Committee indicates exterior changes involve: adding an entrance door on the south side; replacing windows; and changing the nameplate on the north (front) of the building from MANCUSO to MARCHESE and installing “up lighting” on that side.

Additional enhancements include: removing existing awnings and exposing the original transom windows; installing a new aluminum-clad wooden door on the north side; and installing new aluminum-clad wood windows/door storefront in the center bay.

The special use permit is for “restricted residential use” to allow the two second-story apartments in an area currently used as office space.

Following a recommendation by county planners, the referral will go before the City Planning & Development Committee, likely at its Oct. 20 meeting.

The $489,000 project has been awarded $137,600 from the Batavia Development Corporation’s building improvement fund through the Downtown Revitalization Initiative.

BDC Executive Director Andrew Maguire said the project will be completed in two phases, with the second phase featuring the creation of three additional residential units upstairs.

Other referrals of note on this week’s Genesee County Planning Board agenda:

• Review of zoning text amendments from the Town of Byron for a local law governing solar energy systems as they relate to the town’s comprehensive plans.

Planning Director Felipe Oltramari said smaller solar projects such as those on building rooftops, on private property and that connect to the electric grid technically are not allowed unless a local law such as this is in place.

Large-scale solar energy systems, including those under Article 10 in New York State, are not bound by local solar energy laws, but generally attempt to follow those guidelines, Oltramari said.

Currently, the Town of Byron is engaged in negotiations with NextEra Energy Resources on the Excelsior Solar Project, a 280-megawatt, 1,700-acre venture being developed under Article 10 with oversight by the state Board on Electric Generation Siting and the Environment (Siting Board).

• A zoning map change request by James Barsaloux in order for him to add local craft beer, food and live entertainment, specifically music, to his farm market operation at 8041 E. Main Road, Le Roy.

He is seeking a change in zoning from R-1 (residential) to C-2 (commercial), noting that the farm market business is a “grandfathered use in its current R-1 zone.”

Oltramari said that while the business is in an R-1 zone, it is surrounded by commercial ventures along East Main Road. A large parcel in an industrial zone is located across the road from the farm market.

• A special use permit request from John Kula of Freedom Fellowship LLC, for a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20). This comes on the heels of the granting of an area variance for the project in August.

The public garage will be used for vocational training to support a ministry for those in recovery from substance use disorders, with work limited to light repair, tires, brakes and routine service.

An update of the direction that the Batavia City Council will take in filling the vacant city manager position is on the agenda of Monday night’s Conference Meeting at City Hall Council Chambers.

Council President Eugene Jankowski Jr. previously indicated that the board would make its plan public at Monday’s meeting.

The choices boil down to utilizing a stipulation in a contract with The Novak Consulting Group of Cincinnati, Ohio, to receive a “free professional search” or to hire Interim City Manager Rachael Tabelski, who has been serving in that capacity since the June departure of former City Manager Martin Moore.

The Novak Consulting Group assisted in the search to hire Moore in August of 2018. The firm’s agreement with the city included a free search should Moore leave within two years of his employment date.

City Council met in executive session earlier this week to, in all likelihood, discuss the city manager position.

Should Council decide to conduct a full search as it did in the case of the Moore hiring, it would consist of forming a screening committee to evaluate potential candidate resumes and, eventually, conduct interviews.

Jankowski has acknowledged there will be costs associated with the search that would not be covered by Novak’s guarantee, such as advertising in national trade publications and travel expenses.

The board could bypass a manager search and offer the job to Tabelski, who was hired as assistant city manager in August of last year.

In a related development, Council will consider a resolution on Monday’s meeting agenda to give Tabelski $1,000 per month in addition to her regular salary – effective July 20, 2020 – for assuming additional duties and responsibilities in the absence of a city manager. The stipend would continue until the city manager position is permanently filled.

Other agenda highlights include:

• An application from the Downtown Business Improvement District to hold Christmas in the City from 2 to 6:45 p.m. on Saturday, Dec. 5. A parade from Jefferson Avenue to Liberty Street is set for 6 p.m. Estimated costs for the event are $480 for police coverage, $276.42 for public works assistance and $1,425.71 for bureau of maintenance duties.

• An audit presentation by Laura Landers of Freed Maxick concerning the city’s financial statements for the fiscal year ending March 31, 2020. Landers and Tabelski met with the City of Batavia Audit Advisory Committee on Aug. 18 to review the documents, and answered questions pertaining to fund transfers, debt service payments, fund balances (including water and sewer), the city’s self-insurance plan and the impact of decreased sales tax revenue.

• A resolution authorizing a foreclosed house at 50 Oak St. to be transferred (for $1) to Habitat for Humanity for rehabilitation. If approved, it would be the 11^th home acquired by Habitat from the City of Batavia. A memo from Tabelski to Council indicates that Habitat plans to invest between $58,000 and $62,000 to renovate the one-family house, which is assessed at $62,000. The Batavia Housing Authority is partnering with the city in this venture.

• A resolution to schedule a public hearing on Oct. 26 to amend the Batavia Municipal Code to include public garages in I-1 industrial zones with a special use permit. This change stems from a January request by Eric Biscaro, owner of Classic Home Improvement, to construct an auto service station on the property at 653 Ellicott St. The zoning text change has been approved by the City of Batavia Planning & Development Committee and the Genesee County Planning Board.

A zoning text amendment that would add “public garages” to the list of allowed uses with a special use permit in all Industrial Districts in the City of Batavia is back in City Council’s hands after a recommendation of approval Thursday night from the Genesee County Planning Board.

County planners had no issues with the zoning change that was initiated back in January when Batavia businessman Eric Biscaro sought the city’s permission to build an auto service station on his Ellicott Street property that currently houses Classic Home Improvements and Armor Building Supply.

Initially, county planners denied Biscaro’s request for a use variance because the city code allowed auto repair shops only in the Batavia Industrial Park, and in a C-2 (Commercial) zone with a special use permit.

In July, the City of Batavia Planning & Development Committee decided to open the I-1 (Industrial) zone to include public garages, setting the stage for another review by the Genesee County Planning Board and, ultimately, a public hearing set by City Council.

Genesee County Planning Director Felipe Oltramari said that last night’s planning board action is “the middle step” in the process and could see things working out for Biscaro, and any others who wish to pursue similar ventures in the I-1 zones.

“This is the way it is supposed to work,” Oltramari said, comparing this situation to the referral pertaining to an event venue in the Town of Darien that also was on Thursday’s agenda.

The planning board also approved, with modifications, a special use permit for West Seneca business partners Glenn Laben and Kelsey Dellaneve to build The Barn at Flower Creek, a 3,120-square-foot gambrel roof gathering facility to accommodate up to 220 guests for weddings, parties, graduations, etc., located at 388 Broadway Road, Darien.

The estimated $500,000 project also will include an access driveway, parking lot for 85 vehicles, and an onsite wastewater treatment system meeting health department requirements.

Required modifications are obtaining a driveway permit from the state Department of Transportation prior to approval by the Darien Town Planning Board and completing a Stormwater Pollution Prevention Plan prior to final approval from the Town.

Two years ago, the couple was denied a use variance and, as was the case with Biscaro, needed to seek a zoning amendment from the Town of Darien – this one to allow gathering halls in Low Density Residential Districts with a special use permit.

A public hearing on their proposal is set for 7:45 p.m. Sept. 21 at Darien Town Hall, 10569 Alleghany Road.

In other action, planners approved the following site plans:

• For HP Hood to construct a 7,200-square-foot commercial cooler addition to the existing structure at its plant in the Genesee Valley Agri-Business Park, East Main Street Road, Batavia. Neil Zinsmeyer, of Napierala Consulting, representing the company, said the cooler will provide overflow storage and will have little impact upon traffic or staffing levels.
• For a 2,800-square-foot addition (78 feet by 36 feet) to the rear of the Imagination Station child care center at 5079 Clinton Street Road, Batavia.
• For Holland Resources of East Bethany to put up a 45- by 100-foot addition (six more bays) to the north side of an existing self-service Recreational Vehicle storage building at 5545 Route 5, Stafford.
• For a new real estate office in a Commercial District (C-2) at 7133 W. Main Road, Le Roy. Documents submitted by applicant Nancy Crocker, of SB Gee’s LLC indicate that Empire Realty Group, will be moving into the location.

Previous story: Genesee County planners to address special use permit for The Barn at Flower Creek in Darien​

If at first you don’t succeed … work with county and town planning boards to find a way to succeed.

That’s what West Seneca residents and business partners Glenn Laben and Kelsey Dellaneve did and, on Thursday, they’ll be back in front of the Genesee County Planning Board to seek a special use permit to erect a country-themed event venue at 388 Broadway Road, Darien.

Denied in August 2018 on their request for a use variance (which is difficult to acquire), the duo took the advice of County Planning Director Felipe Oltramari and asked Darien Town planners to make zoning amendments to allow gathering halls in Low Density Residential districts. The duo’s property on the south side of Broadway Road (Route 20) between County Line Road and Harlow Road is designated as LDR.

“Two years ago, the applicants were seeking a use variance, which almost always are denied,” Oltramari said today. “The state has a strict criteria for those, such as having to prove that there would be no reasonable return for the land.”

Now, since the Town of Darien’s action, the path seems to be clear for a special use permit.

“It’s the way the process is supposed to work,” Oltramari added.

According to submitted documents, the couple is proposing The Barn at Flower Creek, a 3,120-square-foot gambrel roof barn to accommodate up to 220 guests. The estimated $500,000 project also will include an access driveway, parking lot for 85 vehicles, and an on-site wastewater treatment system meeting health department requirements.

Preparation of food at the site is not planned.

The applicants hope to place the 60- by 52-foot gathering hall, driveway and parking lot on 2.2 acres of a 22-acre parcel consisting of rolling hills and tall grass.

“Finally,” said Dellaneve, anticipating a better outcome this time around. “The building, which can be used for weddings, graduations, retirements and corporate events, is based off a barn that previously was on the property.”

Laben, on the application, wrote that his company “respects the rural atmosphere of the neighborhood and plans to strictly enforce any noise ordinance and curfew as required” and that the set maximum capacity would not hamper the flow of vehicles to and from attractions such as Six Flags Darien Lake and Chestnut Hill Country Club.

The building will be approximately 700 feet from the right of way on Broadway.

County planners will make a recommendation on the request, and from there the special use permit will the subject of a public hearing at 7:45 p.m. Sept. 21 conducted by the Town of Darien Planning Board at Darien Town Hall, 10569 Alleghany Road.

Other referrals on the Genesee County Planning Board agenda include:

• A site plan review for a 2,800-square-foot addition to the rear of the Imagination Station child care center at 5079 Clinton Street Road, Batavia.

Owners Kelly and Eric Kronbeck of Alden are proposing a $250,000 project to add classroom space to the facility, which is located on the north side of the road. The addition’s dimensions are 78 feet wide by 36 feet deep.

• A site plan review for Holland Resources of East Bethany to put up a 45- by 100-foot addition to the north side of an existing self-service recreational vehicle storage building at 5545 Route 5, Stafford.

The applicant is looking to add six more bays for RV storage in a Commercial District.

• A site plan review for a 7,200-square-foot commercial cooler addition to the existing structure at HP Hood, Genesee Valley Agri-Business Park, East Main Street Road, Batavia.

A telephone call to HP Hood officials for more information was not returned at the time of the posting of this story.

Genesee County planners didn’t need any comments from the applicants on their way to recommending approval of four business-related referrals on Thursday night.

At their monthly meeting conducted via Zoom videoconferencing, the planning board looked favorably upon 13 referrals -- with eight of them involving private matters such as home additions, sheds and barns and another being a request by the Oakfield Town Board to rezone 10 parcels on Albion Road from Land Conservation (LC) to Residential & Agricultural (R+A).

As reported on The Batavian earlier this week, the four remaining referrals were a new professional office building in the Town of Alexander, addition at PCORE Electric, Inc., in Le Roy, a community center in the Village of Oakfield and an auto repair/print shop associated with a ministry in Darien.

Planners recommended approval of all four, with the lone modification tacked on to A/C Associates’ application for a special use permit to construct a 92- by 50-foot one-story office building at 11198 Alexander Road. (Route 98).

The modification stipulates that the applicant obtains a driveway permit from the state Department of Transportation for the reconfigured driveway prior to approval by the Alexander Town Planning Board.

The plan is for A/C Associates to occupy part of the space, with additional offices to be made available for leasing.

The three other referrals stamped for approval were as follows:

• A special use permit request from the owners of PCORE Electric Inc., in Le Roy (on the Lapp Insulator campus) to build a 2,800-square-foot addition and a new 6,700-square-foot asphalt pad. Planners also recommended that the applicant be aware of the vegetative buffer to Oatka Creek when creating the new pad.

• A site plan review submitted by RWNY Property Group to place a community center (food pantry and farmers’ market) in an existing building at 33 S. Main St. (Route 63).

• An area variance application from John Kula of Freedom Fellowship LLC, to put up a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20) in Darien.

The public garage will support a faith-based organization for those in recovery from substance use disorders. Work would be limited to light repair, tires, brakes and routine service.

The Genesee County Planning Board on Thursday is expected to consider 14 referrals, including a new professional office building in the Town of Alexander, an addition at PCORE Electric Inc. in Le Roy, a community center in the Village of Oakfield, and an auto repair/print shop associated with a faith-based group in Darien.

The meeting is scheduled for 7 p.m. and will be conducted via Zoom videoconferencing.

Tony Batog of A/C Associates is seeking a special use permit and site plan approval to put up the office building on a 1-acre parcel zoned Agricultural-Residential at 11198 Alexander Road (Route 98).

Per the Town of Alexander’s zoning regulations, a special use permit is required prior to the construction of a mixed use residential/professional office building.

County Planning Director Felipe Oltramari said a house on the property will be coming down to make way for the 92- by 50-foot office building, with office space to be available for leasing.

David Ciurzynski of Ciurzynski Consulting LLC, of Attica, project manager, said that Batog's business will occupy one of the offices and that two or three other office spaces are planned for the single-story structure that will feature a brick facade.

"It will have a commercial look with a residential feel," Ciurzynski said, adding that plans call for it to be complete next spring.

The location is south of the Village of Alexander, close to the Village of Attica, near Prospect Street and Route 98.

In Le Roy, the owners of PCORE Electric Inc., at 135 Gilbert St. (the Lapp Insulator campus) are requesting a special use permit to build a 2,800-square-foot addition and a new 6,700-square-foot asphalt pad.

Town code stipulates that special use permits are necessary for expansion of nonconforming uses.

In Oakfield, RWNY Property Group has submitted a site plan for review by county planners in anticipation of placing a community center (food pantry and farmers’ market) at 33 S. Main St. (Route 63).

Applicant Sue Zeliff, in documents provided to the village planning board, noted that the center would be open from 8 a.m. to 7 p.m. Monday through Saturday.

The community center will go into a longstanding building that previously served as a dance studio.

In Darien, John Kula of Freedom Fellowship LLC, has applied for an area variance to put up a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20).

According to his application, the public garage will be used for vocational training associated with a ministry that supports those in recovery from substance use disorders. Work would be limited to light repair, tires, brakes and routine service.

In a letter to the Town of Darien Zoning Board and Genesee County Planning Board, Darien Zoning Officer Jerry Yoder wrote that the Total Freedom New York ministry is a private, faith-based residential alternative addictions facility, and included its mission:

“Helping men and woman 18 and over get set free from life controlling problems and behaviors. Part of the program goals are to empower people through vocational and skills development to engage in family and community. To that end, the business development facilitates program goals and provides income to offset operational expenses.”