planning and land use

A group of residents on Fox Road, Oakfield, got their wish tonight when the Genesee County Planning Board voted against a proposed RV campground in their neighborhood.

It's the second time this year about a dozen residents of the quite Oakfield neighborhood had asked the countywide planning body to reject proposed 30-acre campground on land owned by Mike Dilcher, and it's the second time the board voted unanimously against the plan.

Dilcher's attorney Brian Lewandowski tried to convince the board to vote for recommendation, saying that none of the issues being discussed by residents -- such as zoning use and environmental impact -- were appropriate for the county board to decide. Lewandowski maintains that the Town of Oakfield planning board retains appropriate authority on those issues.

The board rejected the proposal for the 267-site campground unanimously (with Michael Cianfrini abstaining) and without discussion.

It's the same results dealt to Dilcher last January.

The rejection returns the proposal to the Town of Oakfield Planning Board, which can veto the county's recommendation with a majority-plus-one vote.

About six residents spoke Thursday night, raising issues about traffic congestion, safety, noise, odor, water and property values.

"I'm sorry to tell you, John, if this project goes through you won't be able to sell your house," said resident Bob Chamberlin. "Nobody on Fox Road will be able to sell their house."

Chamberlin was referring to John Walther, a school teacher -- as is his wife -- who bought a large parcel south of the proposed campground just more than a year ago. 

His property has a pond which won't be fenced off from the campground and is adjacent to a proposed recreation area. Walther said he's worried that children will be able to easily wander over to his pond.

"A berm or hill isn't going to keep children away," Walther said. "What's that going to do to my liability, to my insurance?"

But his biggest concern, he said, is all the strangers the campground will bring into the neighborhood. He said he bought his property specifically because he thought it would be a good place to raise the children he and his wife are planning. If the campground is built, he said, he would have to sell his property and move.

Among the many concerns raised by Diane Oaksford was the density of the proposed campground, which will have 15 sites per acre, she said. She compared that to other campgrounds in Genesee County, listing off the number of sites and acreage for each.

"The point is," she said, "the applicant has proposed the most amount of camp sites on the fewest acres in the most populated residential neighborhood in the county."

Lewandowski didn't take issue with any of the complaints raised by residents, but said none of the issues could correctly be addressed by the county board. He asked the board to refer the matter back to the Oakfield board to handle.

Photos: Top, Diane Oaksford; inset, Brian Lewandowski

A zoning regulation in the Village of Alexander that requires all new commercial buildings to line up along the sidewalk is facing a first-time challenge from an existing business that wants to change locations.

The owners of Country in the Village, a cafe on Route 98, want to build a new drive-thru business on Buffalo Road, but the business would have be set back from the street by 63 feet.

That violates the village plan to have all businesses line up in a block.

Tonight, the Genesee County Planning Board denied Gary and Bea Dominick's request for a special-use permit.

Planning Director Jim Duval said it will be up to the village to decide if it wants to waver from its commercial development plan, not the county planning board.

In other planning news:

The board denied a request for a variance at 3589 Pike Road in the Town of Batavia for a building to stable animals. Duval said the 25-foot set back put the building too close to the roadway.

A temporary-use permit was granted to the Town of Bethany to allow a retail store in its old Town Hall. The town is planning a country store, with a craft shop, grocery items, historical exhibit and learning center. The facility will also offer classes in fly tying and cake decorating, as well as craft classes for children. Multiple vendors will be offered space in the store.

In the Town of Darien, the developer of East Bonnie Brae is ready to build the second half of its housing project, filling out the east side of the development. The original plan called for the street that now serves the west side to loop around. But a landowner who would need to sell his land to make a portion of the street continuation possible, no longer wishes to sell. The proposed development addition would have a cul-de-sac. The problem with the proposal, according to Duval, is that 11 parcels do not have the required 100-foot set back. The developer, Duval said, disagrees with how the planning department is calculating the set back. The Town of Darien also advised the applicant that a required recreational area was not included. The board disapproved the preliminary plan for the development.

A special-use permit for a new RV, boat and auto storage facility in Elba were among several items approved last night by the Genesee County Planning Board.

The 37,000-square-foot facility will, be located on Drake Street Road at the former location of Drake Street Motors. The lot is adjacent business owner's home.

If final approval is granted by Elba's planning commission, the facility will be required to only store operational vehicles -- no parts or junk.

Other business included:

• A resident at 8846 Kenney Road in Le Roy is seeking permission to kennel up to seven rescued dogs on that property. If approved by the Le Roy Planning Commission, the owner will not be allowed to operate a commercial kennel without seeking a new special-use permit. Some board members expressed concern about barking dogs, but Jim Duval, director of planning, said that issue is really the responsibility of the local planning board. "In her application, she assures everybody they're quiet dogs," Duval said.
• A site plan review for Jeffries Ag Services, 6905 Ellicott Street Road, Pavilion, for construction of a new loading area, conversion of a former tank area to dry fertilizer storage and conversion of the front storage area into office space. On the recommendation of Mel Wentland, board president, the board added a provision that the DEC be contacted to review the dike capacity and ensure it is sufficient to protect Oatka Creek from any spills.
• A sign-variance approval for Coffee Culture, going in at 6 Court St., for signs on the three public-facing sides of the building.
• Both Bergen and Stafford are proposing changes to their zoning laws.

West Bergen Road has grown into a street of nice homes with well manicured yards for the most part. It's a quint and quiet rural setting.

A trucking facility just doesn't fit the picture, but there's been a truck yard at 8560 W. Bergen Road since at least the 1960s, according to Gene Sinclair, code enforcement officer for the Town of Le Roy.

Sinclair has gotten plenty of complaints about the trucks (The Batavian received a complaint, as well, which is why I went out there today), many of which are refrigeration trucks that are left running day and night.

There isn't much Sinclair can do about it, though, the land was used for its present business long before more recent zoning laws would have kept the operation out of the neighborhood.

There have been unlicensed trucks stored at the property, according to Sinclair, and he can get those removed, but any licensed truck operation is "grandfathered in," Sinclair said.

The business is owned by George Heins. I haven't been able to reach Mr. Heins. Sinclair said George's father owned the land before him.

Amy Mathisen has a dream -- to build a facility for gymnastics and offer them after-school programs on her parents' farm in Stafford.

Karen Nostrant and Paul Hendel don't necessarily want to stomp on that dream, but they aren't eager to see such a facility close to their home on Caswell Road. The prospect of increased traffic and car lights shining into their windows is not appealing to them.

On Mach 24, Mathisen sent a letter to the Stafford Town Council outlining her plans, which will require land-use changes.

Mathisen's dream starts with converting three or four acres of the farm into a lot for the facility, which would be 9,000 square feet with 400 square feet dedicated to before-and after-school programs and recreational activities.

Parking would be a gravel lot.

In a letter dated May 1, Nostrant and Hendel say the proposed location would be less than 100 feet from their front porch, that the parking area would significantly increase noise and lights adjacent their property, traffic on Caswell would increase from three vehicles per hour to more than 30 and the value of both properties would decrease as a result.

Rather than try to shut down Mathisen's dream entirely, however, Nostrant and Hendel, who are both volunteers with the Stafford Fire Department, suggest the facility be shifted to Griswold Road, which would put a barn between it and the two houses on Caswell.

Mathisen's a 33-year resident of Stafford and has been involved in gymnastics since age 13. She wrote to the town council:

"Gymnastics is a sport that prepares youth for any sport through gross motor skill development, strength training, flexibility and balance. Gymnastics is for both boys and girls of all ages and with the afterschool program right at the center, some parents will have one less stop to make in their busy schedules, which in turn strengthens the family unit. I want gymnastics in Genesee County to have a facility that will be around for years to come with the tools it needs for gymnasts to excel. I have been involved in a program that has moved at least 8 times in the last 10 years. I want there to be a permanent home for gymnastics in Genesee County."

We tried calling Mathisen three times, but she has not returned our calls.

No hearing date has been set to review the proposal.

A Batavia detective will become a full-time member of the Genesee County Drug Task Force, according to the Daily News. This marks the first time since 2002 that a member of the city force joined up full-time on the multi-agency task force. Police Chief Randy Baker said he hopes the group will continue its focus on "the big guy," as well as the "smaller concerns of neighborhoods." At least, that's what I think he says. Here's the full quote, from reporter Scott DeSmit:

"We met and we wanted to refocus our efforts ... They were doing long-term investigations, focusing on getting the big guy rather than addressing the smaller concerns of neighborhoods. That's all tied together and that's what we're doing."

It's not clear if the chief is saying that the task force was concentrated on the big guy and now they will focus more on smaller concerns, or my interpretation up above. I phoned the chief to clear up the ambiguity. He was unavailable. I left a message.

UPDATE: Chief Baker did get back to me this afternoon to confirm that the second interpretation is correct, that the task force will do more to address the "smaller concerns."

Plans for the soon-to-be-built Sallome's Deli on Oak Street—check out their job listing on our site—were approved by the city planning board last night following a brief debate over the number of signs to be allowed. There's no mention of when the deli will open at 34 Oak St., but the hours will likely be from 8:00am to 8:00pm six days a week.

Richard J. Peters II, 18, of Batavia, was sentenced to 11 1/2 years in state prison for the rape of a four-year-old girl. Wyoming County Judge Mark H. Dadd added 20 years of post-release supervision. Peters could have faced up to 25 years in prison for pleading guilty to a felony county of first-degree rape and a felony count of first-degree criminal sex act.

As the wrecking ball gets set to smash Le Roy's historic Masonic Temple to the ground, Genesee County's Economic Development Center gets set to give Walgreens $122,375 in tax exemptions. The temple, a few neighboring retail spaces and a couple of homes around the corner are all being torn down to make way for the pharmacy chain.

Batavia's town planning board has determined that the Genesee Valley Agri-Business Park will have a "significant impact on the environment." A public hearing has been set for 7:00pm on September 16 at the town hall, 3833 West Main Street Road, for residents to hear about the impact and voice their opinions on the project. "The potential effects of constructing the Ag Park," writes Paul Mrozek, "include increased noise, odor and traffic and converting 200 acres of vacant land into an industrial park."