DePaul Properties

The developer of a proposed mixed-use building across from Pembroke Central High School on Route 77 says he plans to find a national chain to occupy retail space on the first floor of the 32,000-square-foot facility that also will include 17 apartments on the second and third floors.

Randy Fancher, president of Fancher Properties, today said he’s looking forward to continuing the process after receiving a recommendation of approval with modifications of a special use permit from the Genesee County Planning Board on Thursday night.

“We do have a commercial space available with a drive-thru, so once we get the Town’s blessing on the 24^th, we’re going to start soliciting Mighty Taco, Starbucks, some national chain to be an anchor tenant,” said Fancher, speaking of the Brickhouse Commons LLC project.

The Pembroke Town Planning Board will consider granting final approval of the project at its next meeting on June 24.

Fancher said Fancher Properties (his brother, Jeff, is vice president) is entering into the development arena for the first time.

“We work in the construction industry and we work on these projects all over Western New York,” he said. “We’ve not physically been the owner of one, but we’re involved in a lot of them. This exact building was just built in Rochester by another developer and we bought their plans.”

The plan is to construct a three-story multi-use building featuring 8,200 square feet of space for retail businesses as well as indoor parking and fitness area for tenants on the first floor and 15 two-bedroom and two one-bedroom apartments on the second and third floors.

The $3 million development will be located at the Genesee County Economic Development Center’s Buffalo East Technology Park in the Town of Pembroke’s Interchange District.

Fancher said he has received a verbal commitment from the GCEDC on his company’s request for $615,924 of property, sales, and mortgage tax incentives. GCEDC officials estimate that the project will produce $5.50 of economic impact for every $1 of proposed incentives.

Genesee County planners supported the plan, but called for revisions that include a driveway connection or road extension between the parking lot and Brick House Corners Drive, and a pedestrian connection between the development and Tim Hortons to the north.

They also urged Fancher to consult with Pembroke Central School District administration to address potential safety issues involved pedestrians – primarily students – crossing Route 77.

Fancher, whose children attend Pembroke Central, said that is a priority.

“As far as the crosswalk, I have no problems talking with the DOT (Department of Transportation) to see what their recommendations are to make it safe,” he said.

County planners also questioned the configuration of the drive-thru, noting that the site plan has it passing through parking spots.

“The drive-thru set up is a little unique but the engineer that we’ve worked with has done this on other projects in Buffalo and Ellicottville,” Fancher said. “The way the property is laid out, that’s the way the drive-thru has to be.”

He said a “best-case scenario” has construction starting this fall with completion in the fall of 2021.

In other action, county planners recommended:

-- Approval of a referral of the “final plat” of the Clinton Gardens Subdivision filed by Batavia Homes & Development (owners John and Leslie Harrower) on property behind 387 Garden Drive.

The proposal outlines the division of a portion of the property’s 11 acres into six separate single-family parcels on detached lots, with five of them dimensioned for development and the remaining portion to be set aside for future development.

Robert Pidanick, senior project manager for Nussbaumer & Clarke Inc., of Buffalo, said the project will result in the connection of the current dead-end streets Carolwood Drive and Harrold Square, adding that work on 460 feet of new road is expected to be start next week.

He also said that one home is already under construction.

Future plans call for the creation of 17 more lots to complete the development, Pidanick said.

The project will be considered by the City Planning & Development Committee next Tuesday.

-- Approval of a referral for a special use permit and area variance for an addition of 20 housing units at DePaul Apartments, 555 E. Main St., Batavia.

The plan calls for the construction of a 20,100-square-foot, two-story addition on the north side of the existing 42-unit development for low-income tenants. Other work includes the expansion of the parking area, adjustment of the storm drainage system and site grading.

This project also will go before the City Planning & Development Committee on Tuesday.

-- Approval with modifications on a referral for a special use permit submitted by Martin Rivers for a motor vehicle repair shop within a commercial district at 5278 Clinton Street Road, Batavia, (on the property of R&D Electronics).

Planners require that the owner make sure that signage complies with zoning regulations and that storage and disposal of waste oils are consistent with state and federal laws.

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Clarification: In the sixth paragraph, Randy Fancher said he was in the "construction business."

A referral for a special use permit and area variance for an addition of 20 housing units at DePaul Apartments, 555 E. Main St., Batavia, is on the agenda for Thursday’s Genesee County Planning Board meeting via Zoom videoconferencing.

Paul Schreiner of Parrone Engineering of East Rochester, acting on behalf of DePaul Properties, filed building permit, special use permit and Zoning Board of Appeals area variance applications for the construction of a 20,100-square-foot, two-story, 20-dwelling unit addition to the existing 42-unit development.

The current 49,786-square-foot multifamily complex on the north side of Route 5, west of Eastown Plaza, was built in 2009. Applicants for the one- and two-bedroom apartments must meet eligibility requirements of the Low-Income Housing Tax Credit Program.

The project also will include the expansion of the existing parking area, adjustment of the existing storm drainage system and site grading. Whitney East of Rochester has been selected as the general contractor.

Following a review and recommendation by county planners, the proposal is scheduled to go before the Batavia City Planning & Development Committee on June 16 for a site plan review and then to the City ZBA on June 25 to review and act on required variances.

Variances required are as follows:

-- The maximum permitted number of dwelling units per building is 16 for large-scale multifamily developments. Currently, there are 42 units and 20 more are proposed for a total of 62.

-- Buildings in large-scale multifamily developments are required to be set back from interior roads, driveways and parking lots by at least 20 feet; eight feet is proposed.

-- Off-street parking is required at a rate of 1.5 spaces for each dwelling unit. The proposal calls for a total of 56 parking spaces at a rate of .90 spaces per dwelling unit. Currently, there are 32 spaces for the 42 units.

Other items on the agenda include:

-- A referral of the “final plat” of the Clinton Gardens Subdivision filed by Batavia Homes & Development on property behind 387 Garden Drive.

The proposal outlines the division of a portion of the property’s 11 acres into six separate parcels, with five of them dimensioned for development and the remaining portion to be set aside for future development.

The application was approved by the City Planning & Development Committee last June 18, contingent upon the owner submitting a “final plat” with one year.

Documents filed in 2019 by Robert Padanick, senior project manager for Nussbaumer & Clarke Inc., of Buffalo, indicate the owner is seeking to extend existing Carolwood Drive and Harrold Square – connecting two public dead-end streets – and allowing development of five new lots.

Additionally, about 460 feet of new pavement will be constructed, along with sanitary sewer, water and drainage utilities that previously were approved by city and county officials.

-- A referral for a special use permit submitted by Martin Rivers for a motor vehicle repair shop within a commercial district at 5278 Clinton Street Road (on the property of R&D Electronics).

The permit is required per Article III of the Town of Stafford zoning code.

Documents for the business, Rivers Performance, indicate that the shop will be open from 8 a.m. to 5 p.m. Monday through Friday, with one to five cars on site and no outside storage.

Rivers is no longer operating a shop at his former location on Liberty Street.

-- A referral from Brickhouse Commons LLC, for a special use permit to operate a drive-thru business on Route 77, across from Pembroke Central High School.

According to submitted documents, the plan is to build a three-story, 32,000-square-foot multiuse building featuring 8,200 square feet of space for retail businesses as well as indoor parking and fitness area for tenants on the first floor and 17 apartments on the second and third floors.

J&R Fancher Property Holdings LLC, previously proposed the $3 million project at the Buffalo East Technology Park, located in the Town of Pembroke’s Interchange District.

-- A referral for a special use permit from Nixon Peabody law firm of Rochester on behalf of Blue Sky Towers III LLC, and Bell Atlantic Mobile Systems LLC (Verizon Wireless) to construct and operate a 155-foot cell phone communications tower (plus 4-foot lightning rod) on the property of Jeff and Patricia Jarosinski near 6811 Batavia Byron Road in the Town of Byron.

According to a letter to the Town of Byron Planning Board, Blue Sky will construct and own the tower and associated components for the benefit of Verizon Wireless (and potential subsequent users of the tower), with Verizon leasing a 100- by 100-foot area from the property owners.

Since the site is located in an Agricultural-Residential zone, a special use permit and site plan approval from the Town of Byron Planning Board are required.

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For more information about Thursday’s meeting, contact the Genesee County Planning Department at (585) 815-7901. County planners generally make recommendations of referrals, which then are moved on to municipal planning boards and zoning boards of appeals.

DePaul Properties Inc.'s proposal to construct a 60-unit multifamily residential building on Mill Street in the Village of Le Roy moved forward Thursday night when the Genesee County Planning Board approved a special use permit, site plan review and area variances. 

Planners unanimously signed off on the requests, which called for a lot size of 64,904 square feet (less than the 128,000-square-foot minimum); front yard setback of 9 feet (less than the 30-foot minimum), and 42 parking spaces (less than the required 60 minimum).

However, the board did recommend modifications relating to the DePaul Apartments project's impact on the environment and archaelogical resources, and requiring a Stormwater Pollution Prevention Plan prior to final approval from the Town of Le Roy. Planners also recommended that DePaul work with the Genesee County Sheriff's Department to ensure that the address of the property meets Enhanced 9-1-1 standards.

The project, which is earmarked for 39 and 43 Mill Street in a Residential zone, now will go before the Village of Le Roy Zoning Board of Appeals and then to Le Roy's joint Town-Village Planning Board.

Matt Carrigg, an attorney for Nixon Peabody, represented DePaul at Thursday's meeting.

He said the modifications recommended by the board would be addressed, adding that upon further approvals, DePaul would submit a funding application to New York State.

The three-story apartment building would go on a site currently occupied by the old Lapp Lumber building.

In other action, the board denied area variances for a truck repair/sales service and education center earmarked for State Street Road, south of the Thruway, but approved with modifications the owner's special use permit application.

Debbie Gawron, of Buffalo, owner of Fleet Maintenance Inc., asked for signage on the proposed building that was well beyond the maximum area allowed and the number allowed, prompting planners to recommend denial due to the potential impact upon neighboring residential properties.

Recommended modifications include documentation as to the project's impact on the environment and archaelogical resources, wetland update and adherence to storage requirements.