Due to a lack of a quorum on Thursday night, recommendations by the Genesee County Planning Department staff – and not the county Planning Board – have been issued for the six referrals that were on the agenda.

The most notable of the applications was one from Sonbyrne Sales Inc. (Byrne Dairy), which is seeking a special use permit and site plan review for a new convenience store and gas station on Lewiston Road (Route 63) in the Town of Batavia.

Planning Department Director Felipe Oltramari, in an email sent after last night’s meeting to Batavia Town Planning Board members, indicated that he was recommending disapproval of Sonbyrne Sales’ proposal because it doesn’t fit well with the town’s

CLARIFICATION: Dr. Kirk Scirto informed us on Oct. 18 that he did not say that he represented the Seneca Nation. 

It's unusual for opponents of a development project to speak at Genesee County Planning Board meetings, but two people opposed the proposed Edwards Vaccum plant at WNY STAMP and

The Genesee County Planning Board unanimously approved two variances for the proposed Burger King drive-through at 301-305 West  Main St., Batavia during its Thursday evening meeting.

The applicant, Carrols LLC, represented by site engineer Peter Sorgi, requested two variances to allow for 26 parking spaces versus the required minimum of 32 spaces and for a building height of 18.66 feet, which would be .66 8 inches more than the maximum allowable 18 feet.

San Francisco-based Renewable Properties is entering the Genesee County solar market with the proposed development of a pair of independent community solar projects on Alexander Road in the Town of Batavia.

Brian Madigan, the company’s senior permitting manager, introduced the two ground-mounted plans on Thursday night at the Genesee County Planning Board meeting at County Building 2 on West Main Street Road.

Renewable Properties, working with Bergmann Associates engineering firm of Rochester, is seeking approval of special use permits to install a 14-acre, 3-megawatt solar farm on a 29-acre parcel at 9183 Alexander Rd. and a 10-acre, 1.6-megawatt system at 9071 Alexander Rd.

Both systems are earmarked for prime farmland in parcels zoned Agricultural-Residential.

“We’re excited to get going,” Madigan said after the meeting, noting that a yearlong moratorium on solar projects in the town has ended.

County planners recommended approval of both projects, stipulating that the applicant should seek 9-1-1 Address Verification with the Genesee County Sheriff’s Office to ensure that the address of the system meets 9-1-1 standards.

The 3-megawatt system, known as Pike Road Solar Project, is located just north of the intersection of Alexander Road and Pike Road on property owned by John and Kerry Hylkema. Documents indicate it will utilize 6,942 solar panels and 24 string inverters, with an overall height of the array exceeding 15 feet.

The 1.6-megawatt system, knowns as Alexander Road Solar Project, is located about a third of a mile from the other proposed site -- just south of the intersection of Alexander Road and Rose Road on property owned by Daniel Reuter. It will utilize 3,718 solar panels and 13 string inverters, also with an overall height of the array exceeding 15 feet.

Both property owners have signed 35-year lease agreements with Renewable Properties, which also is developing solar projects in Lockport in Niagara County and Marilla in Erie County, Madigan said.

As community solar initiatives, both proposed solar farms allow Town of Batavia residents who are National Grid customers to subscribe to part of a larger, offsite shared system and receive credits (savings) on their electric bills.

Kristin Jacobs, assistant project manager at Bergmann Associates, said the two projects, combined, will provide electricity for close to 1,500 homes.

The proposals require approval by the Batavia Town Planning Board before moving forward. They are on the agenda of that committee’s next meeting, set for 7 p.m. next Tuesday at the Batavia Town Hall on West Main Street Road.

Photo: Brian Madigan of Renewable Properties and Kristin Jacobs of Bergmann Associates address the Genesee County Planning Board on Thursday night. Photo by Mike Pettinella.

Gerych and his wife, Mary Ann, attended tonight’s Genesee County Planning Board meeting at County Building 2 on West Main Street Road, seeking a special use permit for a home-based business: Creating and repairing neon signs.

“It’s something I’ve always wanted to do,” said Gerych, who has worked for Lenape Resources, Inc., of Alexander for the past 39 years. “I like bending glass and have learned that it is truly an art.”

He said he spent six weeks learning the craft in a one-on-one training session with Howie Cohen, owner of Just Neon in Utica.

Gerych said neon sign repair is a “dying industry” because there aren’t a lot of people specializing in the vocation, but believes there is a market for it. His business plan is to advertise through the internet and to contact stores and restaurants that either sell or display the signs.

The planning board, understanding that Gerych will work out of his pole barn-style garage behind his house, recommended approval of the special use permit request with the stipulation that storage and disposal of any hazardous materials must comply with state and federal regulations.

In other action, the board recommended approval of:

• The downtown design site plan for a new façade at 35 Batavia City Centre for the Batavia Players’ Main Street 56 Theater;

• Site plan of additions to two office buildings under construction on the Gateway GS LLC (Gallina Development) site on Call Parkway. One building is going from 22,200 square feet to 30,000 square feet and the other is going from 27,000 square feet to 33,600 square feet. A third building, designated for future construction, will be reduced from 27,000 square feet to 17,400 square feet;

• Site plan for a 55- by 70-foot addition at O-At-Ka Milk Products on Ellicott Street Road, a project known as a MaCC Room Expansion.

Just as in a dance recital or musical, executing all the “steps” properly are vital in the process of redeveloping existing space into an attractive public venue.

Patrick Burk, president, executive and artistic director of the Batavia Players, today said he understands the significance of the Main Street 56 Theater project reaching the planning board stage over the next week.

The Genesee County Planning Board will be considering the Downtown Revitalization Initiative site plan on Thursday night, and the City of Batavia Planning & Development Committee is on track to do the same on April 19.

“It's wonderful that we have a lot of people working on the project that, I guess I could say, know what they're doing,” Burk said. “I'm learning as we go and making sure that we keep putting one foot in front of the other, whether it's a big step or a small step. It looks like over the next week or so, we're going to be making some pretty big steps – moving forward to getting more of the construction work done.”

Batavia Players, Inc., was awarded more than $700,000 from New York State’s DRI and another $400,000 from the NY Main Street Grant program to transform space at the City Centre into a contemporary theater to showcase its productions.

“And we raised about $210,000 ourselves, and we're continually working to raise that that dollar amount even higher as we need it for the work that we're doing,” Burk said, noting that the project will cost in the $1.5 million range.

For the past 20 months or so, the troupe has been performing in a temporary space at the City Centre.

“We call it our backstage theater because we have so much space there that we're using right now,” Burk said. “We're performing in that space while the construction is going on.”

The Batavia Players presented Shakespeare in Springtime: Love’s Labour’s Lost in March, and will be presenting The Springtime Music Spectacular: Back on the Boards Again, a tribute to Stephen Sondheim, on April 22-24.

OPEN HOUSE SCHEDULED FOR APRIL 30

A special craft/vendor show, including a hotdog stand operated by the Batavia Lions Club, is set for 10 a.m. to 4 p.m. April 30.

“That’s when we will have our open house in the temporary theater space and in our dance academy,” Burk said. “We’re also going to be showing the space as it stands right now -- wherever they're at on April 30 -- so that people can see the development of the space. So, yes, we will be going into the construction space as well.”

As far as when the new facility will be ready, Burk said he hopes construction will be done by the Batavia Players’ Christmas show – Meredith Willson’s Miracle on 34^th Street: The Musical – in early December.

For now, he said he’s excited that the project is in the hands of the two planning boards.

“I'm so thrilled that we're going to the county planning board because that's a big step. We have to have approval for that because we sit on a state highway. And our frontage is on a state highway and we're making quote, unquote, significant changes to that frontage,” he said.

Burk said the site plans and architectural drawings are “sitting there at City Hall, all set and ready to go.”

“We’re just waiting for these approvals, and we’re hoping that it moves forward as quickly as possible,” he said. “Once that step is done, it will be gangbusters, since we’ve been assured by our construction manager that it’s going to go pretty solidly and pretty quickly.”

More information about the Batavia Players can be found at www.bataviaplayers.org

Top: Architect's rendering of the facade of Main Street 56 Theater, the new home of the Batavia Players, which is under construction at the City Centre. Bottom: The way it looks now -- unfinished -- next to Genesee Dental along Main Street. Bottom photo by Mike Pettinella.

“What we have done is take a look at the smaller projects that would just get our standard approval with no comments from us,” County Planning Director Felipe Oltramari said today. “If you consider our meeting last night, two of the referrals would have been eliminated from the agenda – one that came in from a homeowner for a shed variance and one for a downtown (Batavia) design review.”

The planning department has drafted a template that includes 14 exemptions that would have to be adopted by town or village boards or the Batavia City Council.

Oltramari said the agreement is based on General Municipal Law, Article 12-B, Section 239-m.3. (c) which allows for the planning board to enter into an agreement with a city, town or village planning board, zoning board of appeals or municipal board to eliminate the referral requirement of certain land use actions deemed to be of local, rather than intercommunity or countywide concern.

“A referral for those actions would be optional, but no longer mandatory,” he said, adding that the county attorney has reviewed the proposal, which would be the same for all municipalities. “We have taken care to include all of the routine referrals types that usually do not result in any comments from the county planning board and where approval is almost always a recommendation.”

He said that he has already received a signed agreement from the Town of Pavilion.

Oltramari said code enforcement officers at the municipal level will determine whether an item needs to be referred to the planning board – using the list as their guide.

“This could save a significant amount of time in the process of getting a project through,” he said. “I think it's a benefit to both the communities and their constituents because they may not have to travel to the planning board meeting. It will save time and money.”

He also said all applications to the county planning board become permanent paper records that have to be stored, meaning more time and expense.

The 14 planning and zoning actions that have been determined to be typically of a local rather than intercommunity or countywide concern that are exempt from review by the Genesee County Planning Board are as follows:

• Area variances to rear or side-yard setback requirements for single and two-family residential uses.
• Area variances to yard setback requirements (rear, side or front) for accessory structures, as defined by the municipality, provided the variance does not propose the structure be closer to a State or County highway or municipal boundary than the existing principal structure.
• Area variances for accessory structures, as defined by the municipality, for being in front of the principal building, provided the accessory structure would meet the front-yard setback required of a principal building.
• Area variances and/or permits for freestanding signs or fences except when proposed along a State or County highway.
• Area variances for parking or driveways not accessing a State or County highway.
• Special use permits or site plan reviews for home occupations/businesses not accessing a State or County highway and that meet all applicable local municipal code requirements.
• Special use permits or site plan reviews for the co-location of telecommunications equipment on an existing telecommunications tower/facility.
• Special use permits or site plan reviews for new ponds or pond expansions that meet all applicable local municipal code requirements, provided that the construction will not disturb more than an acre of land and as per the SEQRA review, will not impact archaeological resources, threatened or endangered species, or State or Federal regulated wetlands.
• Site Plan Review or Design Review for the interior or exterior remodeling of a new use allowed in that zoning district including building-mounted signage that meets all applicable local municipal code requirements, and does not cause changes to other aspects of the site.
• Subdivisions or re-subdivisions for minor lot-line adjustments on existing lots where no additional lots are created and there is no change to access points and no new access points are proposed on State or County highways.
• Subdivision of land into two lots that meet all applicable local municipal code requirements provided such subdivision occur within a Genesee County Smart Growth Development Area.
• Land use moratoria not exceeding 12-months, except that a notice shall be sent to the Genesee County Planning Department for informational purposes.
• Administrative and fee amendments to the zoning code (i.e., general provisions, permit procedures, powers and duties of local boards and officers, penalties for offenses, public hearing requirements, organization, and amendment procedures).
• Interpretations of the municipal zoning code.

While acknowledging that the solar project proposed by BW Solar on behalf of a Batavia Stafford Townline Road couple was well-thought-out, the Genesee County Planning Board on Thursday night voted to recommend disapproval due to concerns over setback variance requests.

The board’s action, taken during its monthly meeting via Zoom videoconferencing, sends the referral back to the Stafford Town Board for final determination.

Robert and Michelle Wood of 8244 Batavia Stafford Townline Rd. are hoping to place two 5-megawatt, ground-mounted solar systems on their farmland. One will cover 31.08 acres and the other will cover 28.32 acres.

The couple, along with Dan Huntington, project developer for BW Solar, were on the Zoom call last night.

They came into the meeting knowing that the Genesee County Planning Department staff had issued a recommendation of disapproval due to the setback variances being requested “grossly exceed the requirements of the Town of Stafford’s Zoning Law.”

Stafford’s solar zoning regulations are much more restrictive in terms of the distance from neighboring properties than most others in the county, said Planning Director Felipe Oltramari, adding that a request for a variance from the Real Property Value Protection clause of the law may not be permissible.

A SOLID CASE FOR APPROVAL

Still, Huntington presented a solid case for approval of the site plan, special use permit and area variances for the project – earning praise on the layout from planners and convincing one member, John Deleo, to make a motion for approval (which died from a lack of a second).

BW Solar’s proposal calls for setbacks of 75 feet from residential property lines, where a minimum required per the Stafford law is 1,000 feet, and it also asks for reduction of setbacks along nonresidential property lines from 200 feet to 100 feet, 50 feet and zero feet depending upon the location on the map.

The area is zoned as an Industrial Park (IP) District, which is appropriate for such a project.

Huntington emphasized that the Town of Stafford has some “unique solar laws in place that far exceed what you’re typically seeing throughout the county.”

He said he has been involved in previous projects in the county – one in Elba and one in Pavilion – that were approved by county planners.

“And the two projects we have here are two separate 5-megawatt projects because that's what NYSERDA (New York State Energy Research & Development Authority) guidelines require us to do for community distributed generation projects,” he said. “We do kind of talk about them as one project, but they are two separate LLCs and two separate projects. They are co-located on two parcels of land that Bob and Michelle Wood own.”

SETBACK DISTANCES QUESTIONED

Stating that he understood the challenges posed by the Stafford solar ordinance and the Real Property Value Protection clause, Huntington pointed out that the 1,000-foot setback “is a stipulation that is not required for any other portion of industry throughout Stafford solar zoning laws and the 2,500-foot setback is also very unique to solar specific and would actually stretch over the highway into a large portion of Batavia as well.”

“So, those are two larger elements that we are looking at for a variance. We applied for those variances based on the guidance of our attorneys at Harris Beach, and also with communication with the town attorney. That was direction that he gave us as to first steps -- to apply for a variance for those two pieces.”

Huntington went on to say that he believed Stafford officials didn’t want solar farms encroaching upon neighboring homes, but that the Woods’ proposal is different in that it is shielded by farmland on one side and railroad tracks on another.

Sharing a visual of the layout as he spoke, Huntington said he, working with engineers at LaBella Associates, strived to make efficient use of the space – in one instance asking for a property setback to be at zero to utilize space for a shared fence for the two solar systems.

“If we were to follow the solar law and have a 200-foot setback on either side of this property line, it would create a 400-foot dead zone that not only we couldn't use, but it would be extremely inefficient for Bob and Michelle to continue their farming operation,” he said.

Huntington said the preference is to share a road entrance “so we're not building additional roads to each 5-megawatt array because they are legally required to be individually fenced.”

“By reducing the setback, we could put the gravel road right down the middle, share a fence and again reduce the amount of impact we have to the farmable land.”

SEEKING TO HONOR INTENT OF LAW

In summary, he said that while the variance difference “may be a little bit higher than what the board is comfortable with in the past, we are just trying to find a way to accommodate this project and still honor the intent of the law when it comes to some of the setbacks.”

“So, my request of the board would be to look at the project as a whole within the county and potentially vote to support the project and allow the zoning board and the town board to make the decision as to whether or not these variances are acceptable to them in their town,” he said. “Because a negative vote could potentially cause additional stresses for them in terms of whether or not they're going to approve or deny something.”

The Woods noted that the solar farms will sit back in their field – protected by a lot of trees.

“You won’t be able to really see it from (Route) 33,” Michelle said. “It’s set way up back. If we can get those variances in place, then we can continue to farm all around the front of it, which would be protected by corn because we grow a lot of corn.”

Planner Tom Schubmehl advised everyone that the planning board’s role “is to gauge intercommunity impacts and to make sure that towns are following their law.”

“That's our role -- not to decide what the towns want or should have or whether it's applicable to the rest of the county,” he said. “Our job is to make sure they're following their law, and that there's no intercommunity impacts. So, from that perspective … it's a nicely designed solar project compared to some of the other ones we have seen. But that's not our role to decided what Stafford wants.”

Planning Board Chair Laraine Caton said she agreed.

“Right. And ultimately, they have the final say, anyway,” she said.

A vote was taken on both projects separately. The outcome was 5-1 each time for disapproval with Deleo -- who thought the 2,500-foot setback was “a little extreme" -- in opposition of that action.

Drawing of BW Solar proposal showing College Road (notch in green section at left) coming into Batavia Stafford Townline Road. Solar panels are in gray; setbacks are in green. Courtesy of Genesee County Planning Department.

Previously: Genesee County Planning Department finds fault with Stafford solar project proposal

Biscaro did not attend the Zoom meeting as he recused himself since he also is a member of the Genesee County Planning Board. He was represented by Megan Hensel, a project manager.

County Planning Director Felipe Oltramari said he saw no problems with issuing a special use permit for Biscaro to build 30 duplex homes on 16 acres off Route 19 in an area already zoned R-3 (Residential) other than requiring the applicant to work with the village to provide a sidewalk extension to the south (toward downtown Le Roy) on the west side of the state highway.

Other modifications including completing a Stormwater Pollution Prevention Plan, obtaining a Stormwater Permit for Construction Activity from the New York State Department of Environmental Conservation and adhering to guidelines of the State Historic Preservation Office.

Hensel said Biscaro wasn’t on board with the sidewalk provision as he didn’t want to be “digging across people’s brand new driveways.”

“We don’t think the development will impact the sidewalks,” she said.

Oltramari said he wanted to give residents of the development – it’s for people 50 years of age and older – the option to have sidewalks if they wished to walk south toward the Le Roy business section.

“But, I guess there is a little more wiggle room on this recommendation because there is a sidewalk across the street,” he said. “The only problem is that it is State Route 19 and we probably necessarily don’t want people crossing a state highway and walk somewhere to get to the sidewalk.”

He mentioned that there are several churches down the street and other amenities, and that people like to walk their dogs as well.

Hensel replied, “For our clientele, that’s quite a hike from our property into the village to even get to a church.”

Planning Board member Tom Schubmehl agreed.

“Knowing several people in patio homes, they're going to patio homes because they can’t pick their foot up to get in the door,” he said. “Thinking they’re going to hike from there to downtown Le Roy. I know we’re pushing as much as we can the walkability of communities, but that’s a tough … As long as you don’t have it as a requirement, I’m OK with it.”

It then was suggested to change the modification to read that Biscaro should work with the village “to determine if a sidewalk extension is warranted.”

At that point, the special use permit was approved – forwarding the site plan to the Le Roy Planning Board for review.

Previously: Biscaro is back. Batavia businessman looks to develop 30 duplex homes off Lake Street in Village of Le Roy

An engineering director for the Benderson Development Co. tonight did not reveal what businesses will be coming into a two-track commercial venture on the parking lot of the former Kmart at the intersection of Lewiston and Park roads.

Speaking at the Genesee County Planning Board meeting via Zoom videoconferencing, Matthew Oates said he did not have any signed leases at this point for the proposed project that would create (1) a 4,000-square-foot restaurant with a drive-thru and bypass lane on the southwest corner and (2) a 6,752-square-foot retail/restaurant building with a 2,000-square-foot endcap coffee shop with drive-thru on the southeast corner (see drawing below).

These two businesses would be located along Lewiston Road, using existing entrances to the parking lot off Lewiston and Park. The Kmart building, itself, is not part of the venture.

“We are working with tenants,” said Oates, who was on the call along with Katherine Rowe, design engineer. “And our expectation would be that when the building construction is complete that there will be tenants occupying at least some of the space. We wouldn't be putting these up and then having them sit there vacant. I don’t have anyone I can tell you today. Unfortunately, I wish I could.”

County planners recommended approval of the site plan and special use permit for the project, taking their lead from Planning Director Felipe Oltramari, who stated that the development would pose no significant countywide or intercommunity impact.

It is required, however, that Benderson complies with Town of Batavia zoning regulations as they pertain to signage on the buildings.

Oates said the company plans to add green space “around the buildings (and) additional green islands within the parking lot as well.”

He mentioned that because more than an acre will be disturbed, his company submitted a Stormwater Pollution Prevention Plan.

“We do have the elevations,” he said. “We think it is an attractive building with the mixture of EIFS cornice, fabric awnings and stone treatments, as well. So, overall, we're very excited for the project to get it start going and to really start redeveloping this section of the Batavia and really, hopefully, bring an enhancement to this area.”

Oates said an additional traffic light won't be necessary since there already is one at the intersection of Lewiston and Park roads.

Planner Tom Schubmehl commended Oates for “doing a nice job controlling traffic on Lewiston,” but asked if there would be an issue of cars cutting through the parking lot from Park Road to the opposite corner.

“Are you going to do anything in the parking lot that's going to prevent people from just blasting through the parking lot from north to south?” he asked.

Oates said nothing specific was in the works, noting that with similar developments, the new businesses “eliminate someone coming in on one side and then just flying through the parking lot to get across because now there's cars in there.”

“There's cars parked there, cars coming in the other direction. So, we find the actual businesses and bringing customers in, really starts to make people follow the traffic and the striping and everything else much more than they do when it's an empty parking lot like it is out there today.”

The project now will be considered by the Town Planning Board, likely at its next meeting on Tuesday night (March 15).

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

Top: Architect renderings of outside of proposed buildings at Kmart parking lot. Bottom: Overhead view of the two developments off Lewiston Road.