Planning Board

Less than four months after being turned back in an effort to build and operate a 50-and-over patio home development off East Avenue in the Village of Le Roy, Batavia entrepreneur Eric Biscaro has his sights set on another location – this one on Lake Street (Route 19), just south of the transfer station on West Bergen Road.

Biscaro, speaking to The Batavian today, said he sees many more “positives” going into his second attempt to put up 30 duplex homes (60 living units) that will mirror in many respects his Clinton Crossings Adult Patio Homes on Clinton Street in the Town of Batavia.

“I don’t have to get a zoning change for this one so there’s a lot less to be done,” he said. “I mean, it’s easier with no zone change. The zone change is what made it a big deal.”

The new proposal calls for the homes to be built on 16 acres off Route 19 in an area already zoned R-3 (Residential) and Biscaro would need only a special use permit from the village for a multi-family development.

In his previous proposal, he needed to persuade the Le Roy Village Board to approve a zoning change from Residential to Planned Unit Development – something that never made it to the floor due to ongoing opposition by residents of East Avenue, Orchard Drive and Poplar Lane.

Le Roy Village Mayor Greg Rogers today said that Biscaro already has approached the board and the response of the trustees at the meeting was favorable.

“In this case, it’s a wide open space and there’s really no through traffic, which was one of the concerns before,” Rogers said. “Also, there should be no water runoff problems (another issue with the East Avenue idea). It’s got a little natural buffer there because it’s downhill from the houses on Lake Street.”

Rogers said the village will have no financial stake in the project, unlike the last proposal where the village was going to contribute to the cost of extending East Avenue for single family homes.

No single family homes are included with the new project.

“Really, I think this is a lot better but you never know. You’re probably always going to have opposition from somebody,” Rogers added. “We'll see what happens. I'm never too optimistic, and I’m never too down.”

Biscaro said he has a tentative agreement with the Warsaw couple that owns the land – “as long as I get the approvals,” he noted – and said the process will start next Thursday when the referral goes to the Genesee County Planning Board.

A member of the planning board, Biscaro said that he will recuse himself from the proceedings.

After that, the proposal will go to the Le Roy Town Planning Board and then back to the Village Board.

Next week’s Genesee County Planning Board meeting (via Zoom) lists 11 referrals, including the return of the solar energy systems proposed for Stafford, a new warehouse at Apple Tree Acres business park in Bergen, two new drive-through restaurant/retail buildings in the Town of Batavia, a new solar energy systems local law for the Town of Batavia, and area variances for a new bio-gas production facility, also in the Town of Batavia.

Previously: Le Roy Village Board rejects Batavian's bid to develop senior housing community, single-family building lots

Photo at top: Street view -- looking west from 143 Lake St. (Route 19) in the Village of Le Roy to the vacant lot where Eric Biscaro is proposing a senior patio home development. Photo by Mike Pettinella.

Photo at bottom: Overhead view of the parcel (outlined in blue) with Lake Street at the bottom and West Bergen Road to the right.

Local hotel owners are united in their opposition to the proposed four-story Holiday Inn Express that could become their new neighbor.

One by one, the owners gave their reasons why to the Town of Batavia Planning Board Tuesday night. They cited serious traffic concerns and opposed a building that would tower over others. They claimed another hotel would negatively impact their businesses and, ultimately, the local job market.

The proposed "franchise hotel" would have, according to architect Mark Tiedemann, of MWT Architecture, "...80 rooms with a small meeting room space along with a dining space/breakfast area and an indoor pool."

Developer Michael Patel was not present. He also owns the Hampton Inn in Batavia and is an investor in Chase Hotel Group.

"He doesn't live in our community -- he's not from the area," said a hotel owner.

More than one owner complained that the Hampton Inn continually undercuts the prices of its competitors, starting a "price war."  

Rashi Dev, owner of the Comfort Inn in Batavia, said her hotel will be the most negatively affected if the Holiday Inn Express is erected at four stories high next to her two-story building.

Hotel owners agreed that demand for their services has dwindled in this troubled economy. Some have had to lay off a number of employees and they admitted working long shifts as their own front-desk attendants, even having to clean rooms.

"We're already overpopulated," said Vibhu Joshi, owner of Days Inn and Super 8. He explained that the number of hotels at exit 48 proves to be the highest concentration off the thruway from Syracuse to Pennsylvania.

 "Currently, all the hotels here are struggling in a bad economy and this will hurt even more... the county and the state because the demand will not increase. The supply would be increasing."

The proposed project touts the creation of 19 jobs, but hotel owners questioned whether they are full or part time, and whether or not they will be seasonal. They also pointed out that Patel is known to "share" employees from facility to facility and said that the "new" jobs would most likely be given to those already employed at the Hampton Inn.

Dev informed the planning board of a few parking lot troubles she already encounters with her close proximity to the Hampton Inn, and asked that traffic and parking be looked into further. It was pointed out later by Tom Warth, of Hiscock and Barclay -- hired to represent the existing hotels, that the traffic studies should be conducted during the peak hotel season in the summertime.

Planning Board Chair Kathleen Jasinski tried to assure the concerned business owners that, "This is all so preliminary and it's the first the planning board is hearing of it tonight... If we need to have another public hearing on the matter, we will."

After listening to the genuine concerns and issues of the hotel owners and even a few hotel employees, Jasinski seemed certain that another public hearing will be scheduled at a later date.

The planning board agreed to serve as lead agency on the project and to go through the SEQR process beginning March 15 -- after the applicant provides a traffic study. Jasinski said she couldn't comment on whether the study would be considered adequate if it turns out it wasn't conducted during peak hotel season.

Besides parking and traffic, height was a big concern.

Tiedemann said the building's height shouldn't negatively affect those around it because westbound Thruway traffic can't see the buildings behind the Route 98 bridge anyway. And eastbound traffic would see it behind the others from the opposite direction.

Jasinski warned that, "Unfortunately, we deal with only the land use. We just determine whether or not the project is the right use for the land and that area. We are not involved in the economics -- they have already gone through that with the GCEDC and they've gotten their tax incentives and it's all worked out."

When Warth pointed out that, "Actually, they don't (have it all worked out) because they are waiting on the planning board."

Jasinski replied, "Well they are going to wait a little bit because we have a lot to do."

Although a 40-foot height variance was approved by the Zoning Board of Appeals, the project was incorrectly categorized as one not requiring a SEQR review. In fact, the zoning board cannot grant a variance until a SEQR is completed, so its decision is invalid.

"I don't see any reason to allow another hotel but just in case it turns out they have the right to be there, I would like to see that you don't give the varience for additional height," Joshi charged the planning board. "

"Show the reason - if there is supply and the need is there for a higher building, so be it... but why grant the unfair advantage when everyone else is at the same height? They are the ones getting tax benefits, they will lower all the rates to take the business from us and put us in jeopardy and they sell the bulding and run."

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.