Skip to main content

Benderson director gives some details, but keeps the names of the Kmart parking lot tenants to himself

By Mike Pettinella

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

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

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

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

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

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

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

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

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

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

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

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

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

  • O-At-Ka Milk Products will present its plan, also on April 19, for a 3,200-square-foot addition at its Cedar Street location.
  • The Batavia Town Board on Wednesday will vote on a rezoning request to change a segment of the Genesee Valley Agri-Business Park on East Main Street Road from Commercial to Industrial Park – making the entire park an IP district.
  • The Town Board supports Genesee County Planning Board’s plan to eliminate smaller projects from its jurisdiction, handing them back to the local municipalities.  “We’ve been seeking autonomy for years,” Lang said.
  • The trees of many solar farms in the Town of Batavia are dying off, leaving them without the proper screening as stipulated in the solar ordinance. Lang said solar companies are being contacted to correct the situation and, for the most part, are being responsive.

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

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

Authentically Local