Creek Park

If you have thoughts or ideas about the prospective development of land along Tonawanda Creek near Evans Street on the city’s south side, the state Department of Environmental Conservation has opened the window for comments during the next month.

Known as Batavia Creekside Park Development, located at 26 and 60 Evans St., Batavia, the property, under the direction of the city, Batavia Development Corp., and Director of Economic Development Tammy Hathaway, has been submitted for a Brownfield Cleanup Program application to the state agency.

Part of DEC’s protocol is to allow the public to weigh in on any potential project that may take place on the property. Hathaway said several links are available to review history, research and maps for the site as BDC pursues what is believed to be a future valuable housing asset.

“A key aspect of the BDC’s mission is to identify underutilized real estate within the city for potential redevelopment. Moving a piece of potentially contaminated land through the cleanup program ultimately improves its condition and unlocks its potential for safe use,” she said Friday. “As shared in previous months, the Brownfield Opportunity Area steering committee brainstormed potential uses for the Creek Park property and concluded that its highest and best use would be for housing, a critical need in our community.”

When asked if she recommended certain reading material for folks, Hathaway found that hard to answer, “because I find all of it interesting.”

“The real estate reports date back to when I was a teenager, and give a 450-page history of the property,” she said. “Reading through these and seeing what once occupied the property verifies the reason why the parcel requires attention to improve its condition for reuse.”

Before diving in, a reminder about what a Brownfield Cleanup Program is:

• Designed to encourage private-sector cleanups of brownfields and to promote their redevelopment as a means to revitalize economically blighted communities.
• This is an alternative to “greenfield” (land not previously developed or contaminated) development. It is intended to remove some of the barriers to and provide tax incentives for the redevelopment of brownfields.
• An incentive and catalyst for the cleanup and redevelopment of more than 500 contaminated sites statewide since 2003. There are more than 550 active sites in the program.

Research dates back to 1990, when a walking inspection of the site found the topography flat except for an alluvial terrace and steep slope near Tonawanda Creek; few, if any, buildings that have ever been constructed on the site had a lower floor or basement. The railroad roundhouse on the southern-most parcel apparently had a recessed area from which railroad personnel could inspect the steam-powered locomotives.

Several site sections have exposed concrete structures where buildings or other structures were once located. Compared to local terrain, the northwestern-most portion of the site appears slightly lower in elevation and is likely subject to periodic flooding.

Existing above- and below-grade utility lines are present on-site. Trees and shrubs cover the lower terrace area north of the existing railroad grade.

Because the study was completed during winter, no distressed vegetation was observed on site.

A potentially contaminated discharge was observed flowing out of the pipe located just north of the main storm sewer on Tonawanda Creek just downstream of Dam 2. Though this pipe is north of the site, its source has not been determined.

This pipe could be an old outfall acting as a discharge conduit for local groundwater. This is feasible since the soils in this area are very permeable.

Nearly 40 interviews were conducted with neighbors and past employees — 14 former Doehler-Jarvis employees, one engineer presently working for NL industries, four former employees of the railroad companies, and 20 others, city historian, neighbors, a member of the Democratic Committee, U.S. Army Corps of Engineers, Hazardous Waste Remediation Division of DEC, Genesee County Legislature, IDA, Planning Department, Batavia Town Supervisor, City of Batavia Water and Sewer Department, engineering, zoning, inspection and fire departments.

Not one was observed or familiar with any on-site dumping by Doehler Die Cast Company or Doehler-Jarvis. A few were familiar with on-site dumping of cinders/ash from coal-fired locomotives used by railroad companies prior to the use of diesel-powered engines along railroad spurs and near the creek.

A few were familiar with neighbors dumping household waste on-site several years ago, evidenced by local collectors acquiring bottles in that area. No one was familiar with on-site spills, explosions, fires, or emergencies related to petroleum, hazardous materials, or hazardous wastes used by the railroads or Doehler companies.

All that information is in a Phase I real estate investigation, followed by a Phase II investigation. In 1992, there was a quantitative environmental analysis and supplemental remedial investigation of remedial work.

Work continued in 2014 with a Phase I environmental site assessment when City Manager Jason Molino was here. The assessment reviewed unanticipated hazardous materials, external observations, and an executive summary about the aftermath of various manufacturing and industrial operations on site between 1919 and 1980, including Batavia Steel Products Corp., Doehler Die Casting Co., Adria Motor Car Corp., and Gray Machine & Parts Corp.

The parcel at 60 Evans St. had also been listed as a DEC State Superfund site; however, “no information was available from the DEC or other sources regarding that listing, it stated.

Investigative methods included advancing test pits, test trenches, soil borings, and groundwater monitoring wells. Soil, groundwater, and surface water samples from the site and creek were collected and submitted for laboratory analysis.

Contaminants identified included metals, petroleum constituents, and chlorinated solvents, prompting remedial work associated with the former Doehler-Jarvis, including:

Remove one 500-gallon underground storage tank, two 10,200-gallon underground storage tanks, and two in-ground hydraulic lifts.

Excavation and off-site disposal of lead-impacted soil.

Excavation, stockpiling, and bio-remediation of approximately 1,700 cubic yards of petroleum-impacted soil.

That work was completed as of April 5, 1995 as other concerns were identified, such as chlorinated solvents being detected in groundwater samples and fill materials consisting of ciders, ash, glass, brick, metal fragments and concrete located throughout the site seven feet down, with additional assessment of fill materials being warranted for redevelopment purposes.

Yet another Phase I and II environmental investigation report, 10 years later in 2024, now under City Manager Rachael Tabelski, shows updated findings of petroleum impacts, product globules on the groundwater entering test pits, and a heavy sheen coming out of the ground at a boring.

The company Roux Environmental Engineering and Geology recommended the site as a candidate for the Brownfield Cleanup Program and to apply “if the city of Batavia or other entity is interested in pursuing redevelopment of the site.”

A final link is the completed 2025 application, which includes history, maps, environmental assessments, and a project description—six three-story, 16-unit multi-family residential complexes with a first-floor garage, private drive, stormwater management areas, a walking path, a natural park, landscaping and green space.

To view all of the application links, go HERE. 

The documents are also available at the document repository located at Richmond Memorial Library, 19 Ross St., Batavia.

There are various ways to comment:

• Submit them to the site Project Manager Mackenzie Rees at NYSDEC, 6274 East Avon-Lima Road, Avon, NY, 14414
• Email Mackenzie.rees@dec.ny.gov
• Call 585-226-5409

All comments must be submitted by June 6.

Batavia has had its share of local crusaders over the years — local citizens willing to pack up topics of concern and carry them into City Council meetings to address at the podium in the hope that city leaders will listen and respond. 

Folks have been frustrated about unplowed streets, unshoveled sidewalks, property tax increases, a lack of specific businesses, city staff salaries, and various other concerns depending on the season, the year, and the week.

Sammy DiSalvo Jr., who has previously attempted to run for City Council and has been outspoken at meetings and online, is no stranger to this tradition. This week he brought in three concerns and related requests.

His first issue was about a former yield sign on Harvester Avenue that has been changed to a stop sign. He’d like to see that reverted back, he said.

“Many people don't really stop there, and it's kind of a safety hazard,” he said during Monday's council meeting at City Hall. “And I don't understand why that's a stop sign, but the corner of Jackson has a yield sign. So that's my first request.

“My second request is kind of commenting on the City Charter, and if there's an explanation as to why our City Council's as large as it is,” DiSalvo said. “We have about 15,000 people and we have nine members on our council that we pay to do a job, and places like North Tonawanda that have double our population have half of our council members, and I'm just wondering why we require so many, and if we can make our council reflect the population of Batavia and maybe reduce the size to an appropriate number.” 

His third item was about the city’s intention to put Creek Park property on Evans Street out for future housing development.

DiSalvo pointed to some 10 or so comments on a social media post as to what he believes is proof — an accurate “barometer” of local sentiment — that the majority seemed to agree that developing the plot of green space along the Tonawanda Creek and behind McCarthy ice arena was not a good idea. 

“I would like council to think about not selling that plot of land and turning it and developing it into something that more of the community can use. We live on a creek town, and there's really no public place along the creek that is safe to go on, except for behind the courthouse where there's a nice little park,” he said. “We all saw what just happened. And unfortunately, we could not complete the market rate housing across the street here, and that was a warning sign that we had for two years. The first warning sign that was going to be for low-income housing came with the Batavian article on Sept. 16, 2022, when Savarino announced that there was going to be low-income housing. And then, two years later, it seemed like a shock. So I would like you to reconsider selling that plot of land. Or if you do sell it, restrict it somehow the sale, the use of that for any kind of housing whatsoever, turn it back to something that the community can use.”

Council members John Canale and Eugene Jankowski Jr. were curious about the yield sign on Harvester as well, and they asked for more information from the police and/or public works departments about when and why it was changed.

Canale also addressed the number of council members issue. Nine members have been established for several years, with one each for six designated ward territories, plus at-large positions and a council president. 

Per Section 3-4 from the City Charter, the council member “shall receive compensation,” and ward members are paid $5,000 each, and council president is paid $7,000. Those salaries were increased in 2022, with council voting itself a raise from $3,500 and the president position up from $4,900.

Canale not only defended that pay but said he’d like to see it increased again, reminding everyone that he won’t be on council next year. As for the nine members, “more people is better representation with the amount of awards and districts that we have here in the city,” he said. 

“I would imagine this goes back to when we split the city up into wards, and we split it up into districts. At some point in time, our forefathers split it up into a council person per ward kind of thing. And then three large positions, I don't know who's responsible for that. As far as the public's concern about pay, I would be interested to see how these other council people are paid, because I know these councils here, don't get paid very much to do this, at one time this was a completely volunteer position,” Canale said. “Way back in my dad's day when he was a council person, I think is when they initiated a small stipend to give some incentive for good people to serve. We don't even think about it, because it doesn't affect our income, we don't do this to live on, obviously. I don't think we have to worry about the amount of money that we're spending to represent the entire population of the city.”

North Tonawanda’s five council members are each paid $8,000, and its president’s salary is $8,500, according to a Niagara Gazette article about the council’s failed attempt to get a salary increase vote to the floor. 

Jankowski addressed an online comment that DiSalvo mentioned about the city’s previous plan to have a second ice rink. 

“The second sheet of ice was tabled because it was a $25 million project. We just don’t have that kind of money. If a private industry wants to come in and build a sheet of ice there, contact us, and we’ll talk to you about it,” Jankowski said. “But as far as the city is concerned, there are other things that we’re spending our money on at this point. We can’t do everything we’d like to do. As far as Creek Park … we have a need for housing, especially middle-income housing. That seems to be the idea that keeps coming back for that project, and it’s still under review. So when that time comes, you can come and speak and give your opinion on it, but at this point, it’s really, nothing really moving on it, it’s a very slow process, we’re still looking into it.” 

As city officials pursue market-rate cottage and condo neighborhood development in the area coined as Creek Park behind the McCarthy Ice Arena, the idea has been met with mixed reactions online.

An aerial view photo was posted on the city’s social media site, which prompted several responses, from “What happened to the outdoor ice rink that was potentially in the works?” to “This is an awful idea. Rather than take such a large green space in the city, develop it into something everyone can use — shelter picnic area, fenced-in dog park, etc.” and “That’s one of the only green spaces in that area of town. I know it’s not as cost-effective for companies, but I wish we would push for reusing abandoned spaces rather than destroying green space.”

Some people definitely seem to be fixated on the flailing Ellicott Station, stalled since August and in limbo as to when and if it will get finished. Case in point, one commenter said, “I hope they can find someone to finish the project on Ellicott Street first,” while another said, “stupid idea. Got one now that just stands there unfinished.” 

Not everyone was a naysayer, however. As one poster said, he thought that “done right, with the proper restrictions on the developer/owner, to prevent what Savarino did, this would be a great idea.” 

The Batavian asked City Manager Rachael Tabelski if those comments would be taken into consideration, even if it seemed as though a majority were trending negative, as can happen on social media. 

“Yes, we like to get feedback, and we appreciate the views of residents and potential residents alike,” Tabelski said.  “The site lends itself to both uses, housing and usable green space.  The intent and design of the site will be for mixed-height residential, not a five-story building like Ellicott Station.  It will incorporate green space and make use of the waterfront. We are working on renderings for the site, but these are the concepts we are interested in seeing on the site.”

Those renderings are below courtesy City of Batavia.
 

Creek Park, one of the city’s latest real estate initiatives that sits alongside Tonawanda Creek and behind the ice arena, may be eligible for the Brownfield Cleanup Program, which comes with related tax credits.  

The city has agreed to spend $15,000 of committed funds to contract with Roux, which has merged with Benchmark Environmental Engineering & Science PLLC and Turnkey Environmental Restoration LLC, to prepare the limited PHASE II environmental investigation in the Creek Park area. 

The city had to wait for the Batavia Development Corporation to obtain the title of 60 Evans St. from the Town of Batavia, which it has done. 

City Council approved the expense and environmental study during its business meeting this week. Meanwhile, the city floated its idea of developing Creek Park on social media.