Former Chautauqua County Executives recognized at the Robert H. Jackson Center

The eight men who have led Chautauqua County in the nearly 50 years since the County Executive position was created were honored at an event held at the Robert H. Jackson Center Friday.

Until 1975, the Chautauqua County Board of Supervisors appointed a chair to serve as chief executive of county business. The Board of Supervisors system was challenged as being unconstitutional, with the challenge succeeding and the county required to rewrite its charter. The new charter included the establishment of a County Legislature and the County Executive position.

The former County Executives all shared memories of successes and challenges during their tenure.

The County Executives who have served Chautauqua County include:
Joseph Gerace (serving Jan. 1, 1975 to May 10, 1983),
John “Jack” Glenzer (serving Nov. 25, 1983 to Dec. 31, 1989),
Andrew Goodell (serving Jan. 1, 1990 to Dec. 31, 1997),
Mark Thomas (serving Jan. 1,1998 to Dec. 31, 2005),
Gregory Edwards (serving Jan.1 2006 to Nov. 17, 2013),
Vincent Horrigan (serving Jan. 1 2014 to Dec. 31, 2017)
George Borrello (serving Jan. 1, 2018 to Nov. 27, 2019)
Paul “PJ” Wendel (serving Jan. 1, 2020 to present).

Current County Attorney Stephen Abedella also was in attendance and was recognized for serving as Acting County Executive from November 18 to December 31, 2013. While not in attendance, David Dawson was recognized as well for his service as an Acting County Executive from May 10 to November 25, 1983.

We’ll be sharing the full recognition event on WRFA at a later date.

Several local and state officials joined company representatives in September 2016 for the ribbon cutting at the Castelli Cheese plant in Blockville. It announced it had closed its operation three years later on Friday, Dec. 6, 2019.

ASHVILLE – An international cheese company that first opened a local operation in Chautauqua County three years ago is now closing its doors.

On Monday afternoon Chautauqua County officials announced they had received news that Castelli America closed its Ashville facility on Friday, Dec. 6. The closure affects approximately 50 employees.

The Nuovo Castelli Group, which is based in Italy, is a producer and distributor of a variety of Italian cheeses. It initially purchased the former Empire Specialty Cheese manufacturing plant, located at 5151 Fairbanks Rd. in Ashville in September 2016.

Acting Chautauqua County executive Steve Abdella said that despite the county, the Chautauqua County Industrial Development Agency, the State and Federal governments all providing assistance to the company in the form of low-interest loans, grants, and technical assistance, officials were informed that Castelli America has been experiencing challenges related to production and sales.

According to recent news releases, officials with Castelli will plan to sell their entire operation to Lactalis, the largest multi-national dairy products cooperation in the world. Lactalis is headquartered in France and has several locations in the U.S.

The facility has benefited from more than $8 million in upgrades to its equipment, building structure, and waste treatment facilities. Just last year Castelli was able to secure two federally-funded Community Development Block Grants to expand the facility and create additional jobs.

Deputy County Executive for Economic Development Mark Geise said the IDA is hopeful that the facility will be attractive to potential new operators.

“This is a state-of-the-art facility with a ready source of milk producers, and the CCIDA is hopeful that the facility will be attractive to potential new operators,” Geise said.

“We don’t know what the sale of Castelli America to Lactalis will mean yet for the Ashville facility,” said Abdella. “Chautauqua County and the CCIDA are doing everything in their power to assist the company and its employees. We have contacted the Chautauqua County Workforce Development Board to help connect displaced workers with current job openings and available re-training programs. We are also in discussions with the State to help the displaced workers, and to find a purchaser for the facility if Lactalis decides to not keep it open.”

Paul “PJ” Wendel

MAYVILLE – The Jamestown Post-Journal is reporting that the Chautauqua County Republican Committee has made its recommendation on who should be appointed to fill the vacant County Executive position.

On Thursday, the committee met in a closed-door meeting to choose between Republican Legislators Paul “PJ” Wendel of Lakewood and Mark Odell of Brocton – who both announced their intention to seek the party’s nomination after former County Executive George Borrello left office to serve in the State Senate.

Following the meeting, it was announced that Wendel was the committee’s recommendation. As a result, that recommendation will now be forwarded to the Chautauqua County Legislature for its consideration, with a formal vote on the appointment likely to take place during the Dec. 18 voting session.

The process of selecting a county executive to fill out the remainder of a term when the position is vacated was updated this past summer, when the legislature unanimously approved a plan to allow the respective party of the previous office holder to make a recommendation. Because Borrello is a Republican, the county republican committee was given the opportunity to make the recommendation.

Wendel is a physical education teacher at Falconer who was first elected to the county Legislature in 2012. He has been chairman of the legislature since January 2018.

Once Wendel is formally appointed by the legislature, then his district 10 seat will be vacant and the Republican committees in both Busti and Jamestown will meet to determine a recommendation for his replacement.

County Attorney Stephen Abdella will continue to serve as the acting county executive until Wendel is confirmed by the county Legislature.

Mark Odell

BROCTON – A Republican who’s represented the Brocton and Stockton areas of the Chautauqua County Legislature for the past four years says he wants to be the next county executive.

On Monday Legislator Mark Odell (R-Brocton, District 7) announced he is a candidate for county executive to fill the seat that was recently vacated by George Borrello after he won the 57th State Senate race last month.

Odell said his decision to run for county executive came after he was asked by county residents and political leaders to consider serving as County Executive.

While on the county legislature, Odell has served as the chair of the the Planning and Economic Development Committee and is also the legislature’s representative on the County Industrial Development Agency (IDA) Board.
Odell – who is a 1989 Cassadaga Valley Graduate – also points to his experience as a private-sector businessman as one of his qualifications for being county executive. He holds advanced degrees/certifications in Economics and Engineering and is the Vice President of Sales Engineering for Econoburn Boilers/Abasco Mfg with manufacturing facilities in Brocton and Hamburg.

It’s also been reported that current county legislature chairman Paul “PJ” Wendel (R-Lakewood) is also seeking the county executive appointment.

Under new rules approved in August, the county legislature will await a nomination from the Chautauqua County Republican Committee for who it wants to fill out the remainder of the current county executive term. The Committee has 45 days from Borrello’s resignation to nominate an individual. Borrello’s resignation was on Monday, November 25 and since then county attorney Steve Abdella has been serving as acting county executive.

Stephen Abdella, Acting Chautauqua County Executive, and George Borrello, New York State Senator and former Chautauqua County Executive.

MAYVILLE – Chautauqua County Executive George Borrello (R-Irving) was seated Monday as the New York State Senator for the 57th  District.  Borrello recently won the 2019 election to fill the seat, which was vacated by former Senator Catharine Young earlier this year.

“I am honored and extremely humbled to be the voice and advocate for the 57th District in the State Senate,” Borrello said.  “I look forward to continuing to work with my local government partners in Chautauqua County to advance our future with common-sense, forward-looking solutions.”

County Attorney Stephen Abdella will serve as the Acting County Executive until a new county executive is confirmed by the County Legislature within 45 days.

Under a modification to the County’s Charter adopted earlier this year, the county committee of the same political party as the county executive leaving office must nominate the successor for the County Legislature’s confirmation.  The successor shall serve until a county executive is chosen at the 2020 general election to fill the remaining year of Borrello’s unexpired term in 2021.

Acting County Executive Abdella was County Attorney from 1992-1997, County Legislature Counsel from 1999-2005, and County Attorney since 2006.  He previously served as the Acting County Executive late in 2013 when former County Executive Greg Edwards resigned to become CEO of the Gebbie Foundation.

Chautauqua County Executive George Borrello (standing) talks with members of the Chautauqua Lake Protection and Rehabilitation Agency during its Sept. 11 meeting in Mayville.

MAYVILLE – An advisory agency created by the Chautauqua County Legislature is continuing to struggle with finalizing a recommendation on establishing a lake rehabilitation district that would help raise money to care for Chautauqua Lake.

The Chautauqua Lake Protection and Rehabilitation Agency met Wednesday afternoon in Mayville and spent much of the meeting discussing which properties would be included in a proposed lake district, including what criteria needs to be considered as part of that inclusion.

County Attorney Steve Abdella said that after researching state law he learned that in order for a property to be assessed a fee or tax the district would have to clearly identify how the district would directly benefit the property owner. Members of the agency generally agreed that lakefront property owners, as well as those with direct access to the lake through a deeded right-of-way, would benefit because the money collected by the district would be used to help treat the waters of the lake, thus improving their access to and use of the lake. That in turn could help improve property value.  These properties are known as “Tier 1” properties.

However, the group was unable to determine exactly which non lake-access properties could be considered “Tier 2” properties or even if such properties could be included in the district because it would be more difficult to prove a direct benefit to those properties, in accordance with state law.

Abdella also said that the state law requires district to use direct benefit as a criteria, and not whether or not a property is causing an adverse or negative impact to the health of the lake.

“To include a ‘Tier 2’ [level], a rational demonstrating a benefit and enhancement in value to those properties would have to be shown,” Abdella noted.

That means a property or properties that may have activities deemed to cause harm to the lake’s health wouldn’t automatically qualify them as being included in the proposed district.

At the end of the meeting, the group requested additional information that includes an accurate account of all properties that are either on the lake or have right-of-way access. Once they have that number available, the agency can then determine how to establish a recommended fee or tax for Tier 1 properties. They will also continue to work on identifying what criteria would be used to identify Tier 2 properties, which, again, would require showing how such a designation would benefit them.

The county currently has a map and database that shows all properties on the lake, but it doesn’t include information on what other properties may also have right-of-way access. County Planning and Economic Development deputy director Don McCord said that means county employees will likely have to work to come up with that information.

“Lake rights are not identified as part of [the county property map], so we would have to figure out how to go about doing that. That affects how long it will take for us to get to a ‘next product’ that’s a little more refined than where we’ve been. Right now we’ve just being doing a rough theoretical approach to begin the conversation and try to work out these details so far,” McCord explained.

Because of the resources it would take to search for and compile that information, County Executive George Borrello cautioned the agency that it wouldn’t be worthwhile for county employees to begin looking for that information until the agency was sure it is what it wants to use to help establish criteria for which properties to include in the proposed district.

“What we really need from [the agency] is some consensus. Then we can create a strategy to say we are going to pursue this so we can get some good data and that’s data the legislature can use. Then we can present it to the public at the same time,” Borrello said.

Town of Ellicott Supervisor Patrick McLaughlin – who is a member of the agency – also requested an update on a timeline on when a final recommendation should be brought forward and acted on by the County Legislature.  He said that his town is putting together a budget and he needs to know if he should include expenses for herbicide treatment in 2020 as part of the budget. It was explained that any action by the legislature would only be an initial step and that the state would also have to review and give it’s authorization for the creation of a district. That means that it’s unlikely any district would be created and revenue collected until the middle of 2020, at the earliest.

Several lakeside property owners were also in attendance for the meeting and voiced their concerns about the proposed district. Several said they think it would unfair to only focus on charging an annual fee or tax for properties with direct access to the lake, since all residents, businesses, and even many visitors see a benefit from the lake.

Another resident asked why the county doesn’t place a surcharge on all boaters who use the lake, since they also see a direct benefit. But it was explained that state law doesn’t allow local governments to charge a location registration fee for boats.

One resident also said that the agency needs to also focus on how any money collected by the district would be used to treat and care for the lake since there still seems to be a disagreement on the best way to proceed on that front.

Borrello reminded the public that the agency doesn’t have the authority to establish the district, but only to put forward a recommended plan for how the district would function. At the end of the process, the county legislature would still have to give its approval on any final district plan.  He said that is the phase of the process when concerns and questions should be brought forward. In the meantime, all agency meetings will continue to be open to the public to allow for full transparency into the process.

The eventual goal of the agency is to make a final recommendation on how a district would operate and then pass that recommendation onto the county legislature, which would then decide whether or not to proceed with establishing the proposed district.

The agency was formed by the county legislature at the end of 2017 and is comprised of legislative members and officials from various municipalities that surround Chautauqua Lake.

The agency’s next meeting is tentatively scheduled to take place on Wednesday, Nov. 6 at 4 p.m. in Mayville and will be open to the public.

The Jamestown Zoning Board of Appeals during its May 4, 2016 meeting.

(EDITOR’S NOTE: Published June 23, 2017 at 9:56 a.m.; Revised June 23, 2017 at 10:40 a.m.)

JAMESTOWN – An individual who had made an offer to Jamestown Community College to purchase the Sheldon House and keep it as a residential property has some harsh words for five of the seven members of the Jamestown Zoning Board of Appeals.

Jamestown-area resident John Lampard is calling for the five members to resign from their post.

In a statement provided to WRFA (provided in full at the end of this story), Lampard accuses five of the zoning board members of being part of a “rigged” effort when they voted in favor a zoning variance for the Sheldon House property on Lakeview Ave. during the board’s May 4, 2016 meeting.

“The only thing said of note by one of the zoning board members was that the application without a doubt failed on one of the key points. All four criteria must be met to receive a zoning waiver.  This received no counter argument explaining how they did in fact meet the regulations,” Lampard said, referring to the May 4, 2016 meeting, which he attended along with several other individuals who spoke on the matter.

“The conversation was immediately dropped for a glaring session, and then after a long pause, the board approved the zoning waiver. They stumbled as they tried to encourage any of the board members to motion/propose ratifying the zoning waiver – they just sheepishly asked each other, ‘did you motion for it?’ Finally they put it to a vote and the majority approved it. Watching their amateur acting, I felt certain the game was rigged ahead of time,” Lampard said.

Sheldon House (photo by SUNY JCC)

When the zoning board voted in favor of the variance, member Robert Karbacka was the only member to vote against it after noting he didn’t feel it meet the required hardship requirements. The five other members present that day – Richard Hanson, Sally Martinez, Dave Daversa, Judith Sandson, and Patricia Calanni – all voted in favor of the variance. Board chair Ellen Ditonto was absent for that meeting.

The action by the zoning board allowed the Sheldon House Property to be used for commercial purposes, even though it sits in an area zoned for residential use. The variance was requested by JCC  – which owns the property – so it could be sold to the Lynn Development Group at a cost of $240,000, in order for it to be used as its corporate headquarters.

However, last week a state appellate court overturned the zoning variance following a lengthy and costly lawsuit brought forward by three residents who live in the neighborhood – Paul Leone, Ann Servoss and Timothy Mills.  The decision was based on the court ruling that the variance did not meet the first of four hardship necessities required under law in order for a variance to be given. The Appellate Court ruling said that there was no evidence provided that could prove JCC could not realize a reasonable return on the property if it was sold to a buyer who intended it to be used for residential use. As a result, the court concluded that there is no rational basis for the zoning board’s finding that the property would not yield a reasonable return in the absence of variance.

• READ THE FULL APPELLATE COURT RULING

Attorney Neil Robinson, who represents the Lakeview Area Community Action Project (LACAP), addressed the Jamestown Zoning Board of Appeals during its May 4, 2016 meeting and told them that John Lampard had offered to purchase the Sheldon House for $200,000 and keep it as a residential property. Despite Robinson’s statement, the zoning board still granted a zoning variance to allow the property to be used  for commercial use by the Lynn Development Group, which offered $240,000 for the property.

Following the court decision, Lynn Development announced it would not longer pursue purchasing the property.

According to statements made by Attorney Neil Robinson during the May 4, 2016 zoning board hearing, Lampard also made an offer to purchase the property for $200,000 and said his intention was to see it used for residential use only. However, Robinson said that JCC did not attempt to negotiate that offer, with JCC Attorney Steve Abdella saying Lampard’s offer was not a cash or “as is” offer and was contingent on an inspection. As a result, the college instead went with the offer from Lynn Development.

“Any offer above $1.00 is more than [JCC] paid for the property and therefore, the house could obtain reasonable residential bids – they did not have to go for a commercial sale,” Lampard states. “Therefore, there is no room for a zoning waiver. Now JCC must sell this house to someone for residential use.”

In response to Hanson, Martinez, Daversa, Sandson, and Calanni supporting the sale of the property to Lynn Development and allowing it to be used for commercial purposes, despite knowing there had also been another offer to purchase it for residential use, Lampard is calling for them to step down from their post.

“Looking at what appears to be a different set of zoning rules for friend-and-family, there is only one reasonable solution. I call for the resignations of the rest of the zoning board members that were in attendance that day!” Lampard said, noting that he excludes Karbacka because he voted against the variance on the same grounds that were eventually provided by the Appellate Court. “I realize this opinion piece will anger a lot of officials, but someone needs to speak the truth. The whole thing is shameful and people in this city see it!”

Under the city charter, the zoning board members are city residents who are appointed by the mayor with approval required by a majority of the city council. Once appointed, each member serves for a period of three years and can not normally be removed unless resigning from their post.

Lampard did say in a follow-up statement provided Friday Morning, June 23 that he does plan to bid on the property again, if it were to go back on market did not say if he would consider purchasing the Sheldon House again, should it be put back on the market.

JCC President Cory Duckworth tells WRFA that no decision has yet been made on the future of the property by the college board of trustees.

“The issue was discussed [during the board’s June 21 meeting], but no decisions were made. Subsequent committee meetings will address the issue in the weeks ahead,” Duckworth said.

The Jamestown Zoning Board of Appeals, meanwhile, will meet again on Wednesday, June 28.

LAMPARD’S FULL STATEMENT

I wish the whole city could have watched the [May 4, 2016] city zoning meeting on the Sheldon House. The only thing said of note by one of the zoning board members was that the application without a doubt failed on one of the key points. All four criteria must be met to receive a zoning waiver.  This received no counter argument explaining how they did in fact meet the regulations. The conversation was immediately dropped for a glaring session, and then after a long pause, the board approved the zoning waiver. They stumbled as they tried to encourage any the board members to motion/propose ratifying the zoning waiver – they just sheepishly asked each other, did you motion for it?  Finally they put it to a vote and the majority approved it. Watching their amateur acting, I felt certain the game was rigged ahead of time.

This special consideration gave the college and Lynn Group commercial spot zoning on this location – they can develop apartments, offices, small manufacturing, etc. The fact is, the city did a favor.  Even though it got overturned, we all know that now everyone else can get in line and say, “hey, what about us?” It’s not so much that a legal precedence has been set, but rather that everyone can see rules are flexible for friends. That is, unless you have a neighbor or neighborhood group that is willing to go over their head and shell out $12,000 of savings to fight it in three courts of appeals. (My hat is off to the noble sacrifices of Paul Leone and Anne Servoss.­)

This is a residential neighborhood. It used to be zoned R3 which allowed some businesses, but now R1 makes it residential only. Therefore, the house must be sold for residential use.  Jamestown Community College’s $35,367,737 budget for 2014-2015 fiscal year means they can carry this house indefinitely.  They want to claim the expenses are unbearable, but guess what, even freely donated houses need a new roof every 40 years.  There is no fulfillment of the hardship criterion.

In the first week on the market, there was a valid residential bid that they considered.  They actually entertained that residential bid: story boards, timeline, references, proof of financing, etc. Any offer above $1.00 is more than they paid for the property and therefore, the house could obtain reasonable residential bids – they did not have to go for a commercial sale. Therefore, there is no room for a zoning waiver; now JCC must sell this house to someone for residential use.

The law states all four criteria must be met in order to grant a zoning waiver. It was obvious that the criteria were not met, otherwise it would not have been overturned.  This illicit spot zoning opened the door for cannibalizing any of Jamestown’s neighborhoods for corporate development – as if downtown wasn’t half empty, begging for businesses in word (and property taxing them away with action). On the up-side, it also opens the door for everyone in the neighborhood to have their houses assessed down once the door is opened for corporate development in the neighborhood – property value logically goes down under such circumstances.

Members Present that day were Richard Hanson, Sally Martinez, Dave Daversa, Robert Karbacka, Judith Sandson, Patricia Calanni.  Also present were Larry Scalise, Marilyn Fiore-Lehman, and Bill Rice. The only zoning board member who spoke out against it and followed the law was Robert Karbacka.  Looking at what appears to be a different set of zoning rules for friend-and-family, there is only one reasonable solution.  I call for the resignations of the rest of the zoning board members that were in attendance that day!

I realize this opinion piece will anger a lot of officials, but someone needs to speak the truth. The whole thing is shameful and people in this city see it!

Sincerely,
John William Lampard
(June 21, 2017)

ADDITIONAL STATEMENT BY LAMPARD, PROVIDED JUNE 23, 2017

I have been asked if I intend to bid on the Sheldon House again and for my general thoughts on the drawn-out sale of this house.  I am most certainly going to bid again!  I see that house as a key to making or breaking the neighborhood where I grew up.  We are regularly seeing these incredible landmarks fade into the past. I’m going to save it before it goes to pot.

Jamestown Community College (JCC) is sure I am still on the hook since I showed up at their board of directors meeting trying to buy it. I would wager they are thinking, might as well list it and hope the news coverage would attract someone from a different part of the country to grossly overpay for the house.  And that may happen, but anyone interested is in for a rollercoaster ride.

They have already listed their intentions with the last offer to sell: auditing the buyer’s renovations and holding them accountable to meet the timeline at the threat of a contractual allowance to repossess the house without returning any money. And if the work is not done to their standard, the buyer agrees to essentially write a blank check to have the work redone to JCC’s standard. At least that’s how I understood the fourth and fifth point on Appendix A – if you miss a deadline they get the house, keep the purchase price, keep the investment in renovations, and have funding and legal allowance to finish the renovations at your expense.   

The college is a public institution, and required to do their diligence on sales of properties. They are known to spend significant funds on 360 degree studies for uses of residential properties. They have more accurate projections on renovation costs for residential use than I do. You can request a list of all the conditions they will require from you and ask them for their appraised value based on properties in Jamestown, but make sure it’s not an appraisal based on properties in Buffalo, or Pittsburgh, or Corning. Given the shootings, murders, general lack of reinvestment in properties, and the overwhelming level of property taxation, there’s no comparable place for an appraisal.  That’s just my opinion.  It’s just too bad that property values in town are below the cost to build these days.  It takes a lot of funding to restore a house like this.

Off my recollection, the numbers that Lynn Group estimated at their PR presentation estimated needed reinvestment between $600,000 and $800,000 to revitalize the property for various uses.  I have taken tradesmen through the property and now estimate it would take at least $150,000-200,000 to restore it for residential use. By my estimations, it would probably sell for $300,000 in mint condition in our neighborhood.

I have invested $5,000 and 60 hours of time into proposals and planning. I realize I will lose significant money on this investment, but I still believe this house is key to making or breaking our neighborhood. I plan to do right by the house and restore it as an icon of the grandeur of Jamestown.  I am still trying to buy this house for fair market value a year-and-a-half later. Hopefully JCC does not continue to show my hand of cards by publishing future bids – that is obviously an invasion of privacy and a rude way of trying to increase the bidding at my expense.  I guess we will see how things play out in the next few months.

Sheldon House (photo by SUNY JCC)

JAMESTOWN – A state appeals court is now deliberating on the fate of the Sheldon House and whether or not in can be used as a business headquarters.

On May 16, the attorneys for the parties involved in the case appeared in the New York 4th Appellate Division court in Rochester to argue for and against an appeal regarding the zoning variance for the historic home and property, which sits at northeast corner of Lakeview Ave. and Falconer St. Attorneys who presented orgal arguments included Jamestown Corporation Council Marylin Fiore-Lehmen, Jamestown Community College attorney Steve Abdella, and Daryl Brautigam, attorney for the residents who are challenging the variance. Kristen Lee Yaw, who represents the Lynn Development Group, didn’t appear in cort on May 16, but did submit a written argument, on behalf of her client.

The Sheldon House sits in an area of the city that is zoned for residential use only. It is owned by JCC, which announced it was selling the property in early 2016, with Lynn Development  eventually announcing it would buy the home for $240,000, contingent to it receiving a zoning variance so it can be used as the main offices for the company.

In May 2016 the city’s zoning board granted the variance, but that was challenged by a residents in the neighborhood, who didn’t feel there was the necessary hardship requirements needed in order for a variance to go through. In the summer of 2016, the State Supreme Court in Mayville upheld the variance decision, and that ruling was appealed to the state circuit court.

Jamestown Mayor Sam Teresi said that the arguments by attorneys involved in the case were made last week, and now it’s a matter of waiting on a decision.

“Largely, the appellate division does research,” Teresi explained when asked by WRFA for an update Monday night. “They look at all the papers that have been filed, the written arguments. There was about ten minutes of oral arguments, with give and take between the attorneys representing the three parties. Corporation Council reported to me that there didn’t appear to be any bias or indication that they were favoring one side over the other, just a series of clarifying questions that seemed to be equally spread between the three parties and three attorneys.”

Teresi added that there was no indication of the timetable for when the court would deliberate and render its decision. Even once a decision is rendered by the appellate division, there is the option to appeal that decision to the New York State Court of Appeals, the highest court in the state.

The Jamestown Zoning Board of Appeals during its May 5, 2016 meeting.

JAMESTOWN – The Jamestown Zoning Board of Appeals has approved a variance for the Sheldon House to be designated as a C1 commercial space. The move clears the way for Jamestown Community College to sell the property, located on the corner of Lakeview Ave. and Falconer Street in an area zoned for residential use only, to the Lynn Development Group for $240,000. The final vote was 5 to 1.

Sheldon House (photo by SUNY JCC)

Lynn Development, which owns and operates various properties throughout the Jamestown area, plans to use the home for their corporate offices, while also using it as a community meeting space on a limited basis. A member of the Lynn staff, who will help with the upkeep of the property, would also live in the home.

Prior to voting on the matter, the zoning board spent nearly an hour and a half hearing from legal representatives from both JCC and the Lynn Group along with a dozen members of the public who spoke both for and against the variance.

JCC Attorney Steve Abdella explained to the board that the request meets the hardship criteria required for a variance to be granted, which includes no other option that provides a reasonable rate of return, the uniqueness of the property, that the purchase to Lynn wouldn’t alter the character of the neighborhood, and that the financial hardship JCC’s has endured while owning the property has not been self-created.

However, local attorney Neil Robinson – who represents the Lakeview Area Community Action Project (LACAP) – argued against Abdella’s reasoning.

Attorney Neil Robinson, who represents the Lakeview Area Community Action Project (LACAP), addresses the Jamestown Zoning Board of Appeals during its May 4, 2016 meeting.

“JCC may have some financial problems with the Sheldon House but that’s not the issue. That’s not the test,” said Robinson. “The courts in New York have upheld that if you can sell a property for permitted use, even if it is for less money than the property sale would be with a variance, it’s insufficient to show the land can’t yield a reasonable return.”

Robinson also pointed out that a second prospective buyer, area resident John Lampard, has said he would offer $200,000 to purchase the property for residential use, yet JCC has not attempted to negotiate that offer, with Abdella saying the offer by Lampard is not a cash or “as is” offer and is contingent on an inspection. As a result JCC considers it as a statement of interest and not an actual offer to purchase.

In addition to Robinson, several others spoke on the matter, including some residents in the neighborhood who were in favor of selling the Sheldon House to the Lynn Group. However –LACAP president Marijka Lampard presented a petition to the board that had the signature of 53 residents from the Lakeview area who were opposed to the sale.

Following the board’s decision to give the variance, Lynn Group president and CEO Jason Spain said his group is pleased with the decision, but also wanted to assure residents that they will do everything they can to be good neighbors.

Lynn Development Group founder and chairman Gary Lynn (foreground) listens while members of the public address Jamestown Zoning Board of Appeals during its May 4, 2016 meeting.

“We want to make sure that we’re a good neighbor. That we’re a good resource for the community,” Spain said. “We certainly understand the points that were raised by the opposing party but we’re going to work hard to hopefully bridge those gaps, become a good citizen in that neighborhood and hopefully they’ll see the value in having Lynn Development on their team.”

Despite the zoning board’s decision, the issue may not be over. Those who disagree with the vote do have the option to challenge the zoning board’s decision through judicial review, although they must request that review within 30 days. Marijka Lampard has said it’s something her group will be considering.

“The proposal for the Lynn Group was pre-decided several months ago. Today is just an exercise,” Lampard said. “All four criteria for a variance needed to be present. All four criteria were not present, therefore today’s decision was illegal.”

Even without an effort to challenge the zoning board’s decision, the move into the Sheldon Home won’t happen immediately. Spain says that Lynn Development still has to wait for the college to officially approve and finalize the sale – which requires review from the SUNY Board of Trustees, whose next meeting isn’t until June 21.

Following this past weekends rally in Dunkirk to call attention to the plant and its plan to convert from a coal-powered facility to a natural-gas operated plant, organizers say a second rally will be taking place next week, this time in Albany.

According to acting County Executive Stephen Abdella in his weekly Monday Morning Memo, the PowerUpWNY Coalition will continue its push for public support and the approval of the project by having a bus trip to Albany on Wednesday, Dec. 19. The purpose of the trip is to allow residents an opportunity to attend the New York State Public Service Commission’s meeting at 10:30 a.m.

Acording to Abdella, the coalition has teamed up with the Chautauqua County Chamber of Commerce to provide buses for area residents who want to attend the meeting. Officials believe the PSC may finally decides the fate of NRG’s plant in Dunkirk during the meeting.

Buses are scheduled to depart on Dec. 19 at 2 a.m. from D&F Plaza on Central Avenue in Dunkirk and return the same day. The trip is free and breakfast and lunch will also be provided. Pre-registration is required.

For more information or to register for the trip, visit the chamber website at www.chautauquachamber.org or call the chamber offices at (716) 366-6200 or (716) 484-1101.