With All Due Respect

Barns & Stable at Knox Farm State Park

Posted by Arthur J. Giacalone on August 14, 2020

Posted in: East Aurora NY, WNY Photos. Leave a comment

From 1996 through 2015, my family lived on Knox Road in the Village of East Aurora. Our modest home was only a few hundred feet from the wooded, eastern boundary of the 600-acre country estate of the Knox family. The expanse of meadows, pastures, woodlands, wetlands and ponds, which had served for generations as both an active farm and a place where the wealthy rode horses, played polo, and conducted fox hunts, is now the Knox Farm State Park.

The treed rear of our acre-and-a-half lot – which I affectionately called “the hard Knox estate” – was, ecologically, an extension of the nearby estate. It’s wildlife – including deer, wild turkey, and an occasional red fox – casually shared our backyard.

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For nearly two decades, on foot or a bicycle, I traversed or circumnavigated the expansive Knox property. The red barns were a striking part of the landscape, and pleasantly contrasted with the rolling meadows and tree-lined paths. To this city-boy, the weather-worn and peeling facades of the farm buildings added to their charm and authenticity.

An August 7, 2020 headline in the Buffalo News, “Iconic barns at Knox Farm State Park will get makeover,” caught my eye. As reported by Jane Kwiatkowski, a $100,000 barn rehabilitation project – intended to return the barns “to their former glory” and “make a great first impression of the park for people coming in” – has been approved by the state. But there is a hitch. The Friends of Knox Park, a not-for-profit group whose 300 members work to preserve and protect the park, needs $25,000 matching funds before the rehabilitation can proceed.

The idea of reversing decades of neglect and stemming further deterioration makes sense. Priming and painting seven aging barns, and replacing and repairing the siding, windows and foundation of a particularly weathered building – the heifer barn – are worthwhile tasks.

But, I do have a suggestion. If, as noted in the August 7th article, a major purpose for spending $100K is to make “a great first impression” on people coming to the park, beautifying and enhancing the park’s primary entrance on Buffalo Road (Routes 16 and 20A) might be more effective.

Here is a picture of the state park’s rather generic entrance (meant for use by the general public), followed by the gracious gateway to the Knox mansion several hundred yards down the road (restricted for use by guests attending events at the mansion):

Back to the barns. Thankfully, for those of us who did not grow up immersed in 4-H Club activities, the various barns and farm buildings at the Knox Farm State Park come with nameplates: Dairy Barn, Bull Shed, Heifer Barn, Milk House, Ice House, Sheep Barn and Show Barn. Here they are:

DAIRY BARN:

BULL SHED

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HEIFER BARN

MILK HOUSE

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ICE HOUSE

SHEEP BARN

SHOW BARN

And, here’s the view from the passenger side of the Park’s department pickup truck pictured above:

And, the field you pass as you head to the “stable” mentioned in the title of this posting:

THE STABLE (rear, front)

If you have the sense that time stands still at the old Knox estate – and swear you hear a voice shouting “tally-ho” across the meadow – you could be right.

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With All Due Respect,

Art Giacalone

P.S. If you’re interested in learning more about the barn rehabilitation project, you may want to contact Friends of Knox Farm State Park.

The Most Historic Square Mile in America

Posted by Arthur J. Giacalone on August 6, 2020

Posted in: Lewiston, WNY Photos. 5 Comments

Well, at least that’s what the Village of Lewiston claims. But, it’s not my purpose to prove or disprove such municipal boasting.

I traveled north from South Buffalo on the I-190 to Lewiston, on a perfect summer’s day, to experience a two or three hour “vacation” in a tourist town (as you can tell, my demands these days are quite modest). And, I succeeded.

Here are some photos from that “historic square mile.” I’ll insert a few informative signs in the P.S., for the historically curious readers, so as not to disrupt the flow of the images.

I started my leisurely stroll on the village’s main thoroughfare, Center Street, in what is aptly named the “opera hall district”:

If I hadn’t just begun my walk, I might have sat down on an inviting bench near an attractive outdoor eatery:

But I continued a short distance and noticed a spot – apparently created in 2012 to commemorate the 200th anniversary of the War of 1812 – that I had never noticed before, the Bicentennial Peace Garden:

I got the impression that the pensive (confused?) figure above is wondering how the powers-that-be allowed the following “work of art” to be visible from the quietude of the peace garden:

The Peace Garden is tucked behind one of the oldest structures in Lewiston, the Little Yellow House, standing proud(ly) since 1816:

While the next picture breaks my promise to keep photos of informative signs until the end of this array, I must say that nothing says more about a chamber-of-commerce campaign to resonate “historic” than adding an unnecessary consonant to the end of a word:

Here’s the controversial Frontier House, once, shockingly, the home of a McDonald’s restaurant, and now vacant:

I took a detour off the main street to get a glimpse of the Lewiston Village Hall (and, somehow, never thought about taking a photo or two). I then headed away from the “urban” setting and walked down a steep hill to get a glimpse of the Niagara River and water’s edge:

I wasn’t certain whether these stairs were meant for the public, so I just took a couple photos from above:

Of course, no touristy waterfront would be complete without a popular eatery, The Silo, and a caboose-turned-ice-cream-stand (note: I was “bearly” able to control my urge for an ice cream cone):

Geography being what it is, my return to the historic village entailed a walk back up a steep hill. By the time I reached the summit, I was no longer in a mood for dawdling. I am feeling in a similar frame of mind as I find myself running out of steam composing this post, so here are several photos left to speak for themselves:

[Please, you feline lovers out there, don’t hate me for proclaiming: I will never, voluntarily, have coffee and dessert at an establishment with the above name.]

With All Due Respect (for the most historic square mile in America),

Art Giacalone

P.S. Here are a few of those informative signs I promised the curious among you:

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Delaware Park is Next Stop on “Covid-19/ Resurgence” Summer Tour

Posted by Arthur J. Giacalone on July 27, 2020

Posted in: Byron Brown, Cazenovia Park, City of Buffalo, Covid-19/Coronavirus, Olmsted Parks, South Buffalo. Leave a comment

Pints-in-the-Park Summer Tour 2020

Mayor Byron W. Brown issued a July 16, 2020 press release in which His Honor cautions City of Buffalo residents of the continued dangers we face regarding the coronavirus:

COVID-19 remains a threat to our community and we cannot afford to let our guard down at this time. We must remain vigilant and continue to take the necessary precautions to maintain public health and safety. Please continue to practice physical distancing and wear face coverings when going out.

The Mayor followed that plea with a press conference July 24^th announcing “an innovative and safe dining experience initiative that will enable restaurants to offer outdoor dining services to patrons” on a stretch of Chippewa Avenue. We were told that each of the 10 or so participating eating-and-drinking establishments “will safely operate while practicing New York State social distance guidelines and requirements.” Not only have their plans been reviewed by Mayor Brown’s Small Business Social Distancing Advisory Committee (SBDAC), but, as reported by WBFO, Mayor Brown said it’s important for patrons and proprietors to understand – this is not meant to be a block party: “This isn’t to allow mass gatherings on Chippewa. This is to allow more room to socially distance.”

No, the block party – where, it appears, you can get away with not wearing a face covering and adhering to social distancing and other health guidelines intended to slow the virus spread – was occurring on July 24^th and 25^th several miles away in South Buffalo’s Cazenovia Park.

While bicycling through my neighborhood park at 8 PM on the Friday the 24^thI observed at least 60 or 70 Pints-In-The-Park attendees, many of whom were not following the posted (and, by now, well known) Covid-19 protocols. I saw a similar scene at 6 PM on Saturday. Here’s a sampling:

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I have since confirmed that the City of Buffalo had issued a permit to (a rather aptly-named) Resurgence Brewing Company to host pop-up beer gardens – with the cutesy moniker, Pints-In-The-Park. Here’s how the events are described at Resurgence’s facebook page:

All Pints in the Park events will be held in Olmsted Parks with a portion of proceeds going toward the Olmsted Parks Conservancy.

Bring your own blankets and chairs and your mask for when you are up and walking around. We’ll provide the beer. Feel free to bring your own food as well. Bring the family, bring the dog and have a Pint, with us, in beautiful Cazenovia Park. We’ll be located next to the casino.

I found the city’s willingness to use our city park’s for this sort of commercial endeavor distasteful last year when I first became aware of it occurring in Caz Park. And, frankly, I was even more offended at that time when I realized Buffalo Olmsted Park Conservancy’s involvement – tacitly, or otherwise – in the endeavor.

But I find the concept of a pop-up beer garden in our public park’s even more problematic in the summer of 2020. It is hypocritical, at best, for Mayor Brown’s administration to issue public statements urging the public, on the one hand, ”not to let our guard down” and to “remain vigilant” to the threat of Covid-19, while it allows residents to gather in Cazenovia Park in large numbers and hold a pint of beer, in the other hand, without ensuring enforcement of our state’s social distancing guidelines and requirements.

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I know that my sentiment will not be universally popular. But, nonetheless, I want to provide this shoutout to my friends and colleagues in North Buffalo:

THE RESURGENCE BREWING COMPANY’S PINTS-IN-THE-PARK SUMMER TOUR IS SCHEDULED TO POP-UP IN DELAWARE PARK ON AUGUST 7 & 8.

With All Due Respect,

Art Giacalone

P.S. Concerns have been raised for months that the Covid-19 pandemic has resulted in skyrocketing alcohol sales, and has raised concerns regarding substance abuse. See, for example, this.]

1 in 3 Young Adults is Medically Vulnerable to SEVERE covid-19 Illness

Posted by Arthur J. Giacalone on July 20, 2020

Posted in: Covid-19/Coronavirus. 1 Comment

The fact that this estimate is halved to 1 in 6 for non-smoking young adults is little comfort to this father of a son and daughter in their twenties.

The thought of writing about covid-19 and its impacts had not been part of my plans. That all changed this past weekend.

A beloved family member sent me a link to a July 9, 2020 video being disseminated across the internet by “reopen America” advocates. The so-called “facts” and “realities” expressed by the interviewed physician ranged from blaming the recent spike in covid-19 cases on “massive protests and rioting” across our country, to insistence that wearing masks has “very little utility in stopping the spread” of the virus and that hydroxychloroquine works “wonderfully well,” to espousing that schools reopen “with almost no restrictions.”

But what caught my attention and motivated this post was the commentators repeated claims that 31 year-olds – the average age of those currently testing positive for covid-19 – “have an easy time with the virus,” and should go about living their lives without worrying about being susceptible to the virus. I find these assertions reckless and dangerous.

According to health departments across the U.S., younger people are making up a higher percentage of those infected with the coronavirus. Seemingly, many younger Americans have the misimpression that their youth renders them invincible to any serious harm from covid-19. Perhaps a study published on July 13, 2020 in the Journal of Adolescent Health, will provide a strong dose of reality to the less-conscientious members of the younger generation (as well as their parents).

The study’s authors, analyzing National Health Interview Survey statistics for over 8,400 young adults aged 18-25 years, reached the following conclusions:

– Nearly one in three young adults are medically vulnerable to severe COVID-19 illness (32%).

– In contrast, in the nonsmoking young adult group, only about one in six is medically vulnerable to severe COVID-19 illness (16%).

– Among nonsmokers, females were significantly more likely to be medically vulnerable than males, because of their higher asthma and immune condition rates.

– Unexpectedly, the findings revealed a lower medical vulnerability of racial/ethnic minorities compared with the white subgroup, despite controlling for income and insurance status.

[Here’s the original article in its entirety: Medical vulnerability of Young Adults to Severe COVID-19 Illness 07-13-20 ; also, more generally, here’s a recent article at Johns Hopkins medical center’s website entitled, “Coronavirus and COVID-19: Younger Adults Are at Risk, Too”: https://www.hopkinsmedicine.org/health/conditions-and-diseases/coronavirus/coronavirus-and-covid-19-younger-adults-are-at-risk-too.]

While investigating the potential impact of covid-19 on younger Americans, I also came across information relating to two other specious assertions in the “reopen America” propaganda piece, the purported ineffectiveness of face masks and effectiveness of hydroxychloroquine.

Face masks: Intentionally or not, anti-mask advocates often blur two issues, the effectiveness of a mask in protecting its wearer from contracting Covid-19, and the usefulness of the mask as a tool to limit the spread of the virus, especially by an asymptomatic person. I find the explanations given by the Mayo Clinic and the U.S. Centers for Disease Control (CDC) much more persuasive than assertions of the naysayers. Here’s what the Mayo Clinic says:

Can face masks help slow the spread of the coronavirus (SARS-CoV-2) that causes COVID-19? Yes, face masks combined with other preventive measures, such as frequent hand-washing and social distancing, help slow the spread of the virus.

So why weren’t face masks recommended at the start of the pandemic? At that time, experts didn’t know the extent to which people with COVID-19 could spread the virus before symptoms appeared. Nor was it known that some people have COVID-19 but don’t have any symptoms. Both groups can unknowingly spread the virus to others.

These discoveries led public health groups to do an about-face on face masks. The World Health Organization and the U.S. Centers for Disease Control and Prevention (CDC) now include face masks in their recommendations for slowing the spread of the virus. The CDC recommends cloth face masks for the public and not the surgical and N95 masks needed by health care providers.

Hydroxychloroquine: I’m naïve enough to have been stunned to hear a self-proclaimed medical expert insist that research and studies show that hydroxychloroquine “works wonderfully well.” On July 16, 2020, a randomized trial with over 400 non-hospitalized participants, entitled, “Hydroxychloroquine in Non-hospitalized Adults With Early COVID-19,” was published in the American College of Physicians Journal, Annals of Internal Medicine. That study concludes that hydroxychloroquine “did not substantially reduce symptom severity in outpatients with early, mild COVID-19.” [I can’t help but wonder how soon the video’s propagandist will update his prior statements.]

Two final comments relating to the coronavirus.

First, if you’re into statistics and graphs, Johns Hopkins University has an up-to-date timeline of covid-19 policies, cases, and deaths in all 50 states, taking a look at how social distancing and other measures may have influenced those trends.

Second, as someone who took several constitutional law classes in law school, who has attended a variety of Continuing Legal Education seminars on constitutional law and civil rights over the decades, who has on occasion asserted constitutional claims on behalf of my clients (and, myself), and who continues to read and think about contemporary constitutional issues on a regular basis, I cannot fathom how any sensible lawyer could reach the conclusion that U.S. citizens have a constitutional right not to wear a mask in public. To me, that position is, frivolous, at best. It is akin to saying that we have a constitutional right not to use headlights or taillights when driving our cars at night, or windshield wipers when driving in the pouring rain, and proclaiming: Public safety and welfare be damned!

With All Due Respect,

Art Giacalone

P.S. I have intentionally not referenced the source of the offending video, or the speakers expressing their “realities’ and “facts.” I don’t wish to provide them any publicity. However, I did check into the background and funding sources of the website, and biographies of the two individuals on screen. In a nutshell, my research shows they all are so agenda-driven as to raise legitimate questions regarding the objectivity and accuracy of their assertions. Most troubling to me, as I attempt to conscientiously assess these complex scientific issues, is the primary funding source for the website: two billionaires who not only have spent a fortune advocating “human influenced climate change denialism,” but who are also believers in the scientific accuracy of the Bible.

Erie Basin Marina’s garden – all you need is 30 minutes and a mask

Posted by Arthur J. Giacalone on July 17, 2020

Posted in: City of Buffalo, Waterfront, WNY Photos. 2 Comments

I wasn’t certain where I was headed as I drove away from my South Buffalo home today. But I’m pleased that I ended up at the Erie Basin Marina (alongside The Hatch). Here’s why:

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With All Due Respect,

Art Giacalone

Legal Challenge to The Lawrence apartment project

Posted by Arthur J. Giacalone on July 9, 2020

Posted in: B-N Medical Campus, City of Buffalo, Development, Fruit Belt, Gentrification, Green Code, SEQRA, Zoning Law. Leave a comment

[I wrote on June 19th about my disappointment in the City of Buffalo Zoning Board of Appeals’ June 17, 2020 granting of 13 variances for “The Lawrence” apartment facility – straddling Michigan Ave. and the Fruit Belt’s Maple Street. This week I filed a lawsuit challenging the approvals by both the ZBA and City Planning Board of that project. What follows is my press release announcing the legal proceeding in Erie County Supreme Court. Here’s WBFO’s response to the lawsuit, here’s the BuffNews article , and here’s BusinessFirst Buffalo’s version. If you’re really curious (and, perhaps, a bit of a masochist), here’s the 72-page Verified Petition commencing the CPLR Article 78 proceeding: Verified Petition Gidney v. Buffalo ZBA et al.]

July 9, 2020

CITY’S APPROVAL OF “THE LAWRENCE” APARTMENT COMPLEX ON FRUIT BELT’S WESTERN BOUNDARY CHALLENGED IN STATE COURT

– The lawsuit claims that Buffalo’s Zoning Board and Planning Board disregarded the requirements and intent of City’s “Green Code”, and ignored the character of the adjoining residential neighborhood, to enable the developer to make a profit –

Michigan-Redev LLC spent around $2 million to buy 15 parcels of land across Michigan Avenue from the Buffalo Niagara Medical Campus in 2016 and 2017. At the time, most of the parcels were assessed in the $4,000 range. Six of the lots face Michigan Avenue and the medical campus, and 9 front on Maple Street, a traditional neighborhood of small homes, peaked roofs, and side yards. Under zoning laws in existence when the developer began assembling the one-acre site, a maximum of 27 apartments could be built. When the City enacted its new zoning ordinance early in 2017 (the Unified Development Ordinance or “Green Code”), the allowable number of residential units that could be constructed “by right” rose to around 57.

In August 2019, Michigan-Redev’s agent, Symphony Property Management LLC, went to the City with plans for an apartment complex they called “The Lawrence.” Little effort was made to comply with the Green Code’s limitations. Instead, the developer told city officials that they were unable to make a reasonable return on their $2 million investment unless they were allowed to construct a 129-unit building. On June 17^th, following two revisions and multiple public hearings, Buffalo’s Zoning Board of Appeals (ZBA) granted Michigan-Redev thirteen (13) variances from the existing Green Code requirements – many substantial in size – approving a 133-unit structure, over 250’ long and 4 stories high on Maple St., and nearly 180’ long and 5 stories high on Michigan. On June 29^th, the City Planning Board gave the project its approval.

On July 8, 2020, petitioners Elverna D. Gidney, whose family has owned a home about a block from The Lawrence site for nearly 60 years, and Lorna Peterson, a retired university professor who has worked tirelessly since 2014 to preserve and enhance the historic Fruit Belt community, filed a lawsuit in Erie County Supreme Court seeking to annul the ZBA and Planning Board approvals. The case, Elverna D. Gidney v. Zoning Board of Appeals of City of Buffalo, Index No. 806735/2020, is assigned to the Hon. Frank A. Sedita, and is scheduled to be heard 08/26/20.

Petitioners’ counsel, Arthur J. Giacalone, explains the reasons for his clients’ lawsuit:

The ZBA and Planning Board have the duty to protect the integrity of our zoning laws, and the character of our neighborhoods. They chose, instead, to protect the pocketbook of a developer who cavalierly ignored zoning requirements when purchasing the land. By decimating the Green Code, these boards disregarded the standards set by Buffalo’s Common Council, and exceeded their lawful authority. If their approvals are not reversed, the Fruit Belt will suffer further speculative buying and unjust gentrification.

Inquiries or requests for copies of the court papers should be addressed to Arthur J. Giacalone, at (716) 436-2646 or AJGiacalone@twc.com. Thank you.

With All Due Respect,

Art Giacalone

Visiting the coast of Maine

Posted by Arthur J. Giacalone on July 9, 2020

Posted in: Maine. Leave a comment

I recently learned that a friend – having adjusted fairly well to the premature ending of tutoring this school year – has now accepted the fact that the family’s annual vacation to Maine won’t be happening this summer as a result of Covid-19. I feel bad, knowing how wonderful a trip to the pine tree state can be this time of year, and sharing the near-universal desire to escape to “somewhere else.”

The least I can do on this miserably hot July day (current temperature 96 degrees) is put together a virtual trip to the Maine coast (and, relive some favorite memories).

Enjoy.

AJG-Lobstah-Kennebunkport

Mt. Desert Island

Anchored Boats

Boat Graveyard

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Purple Hill 2

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Balcony

Museum - Bridge

Seagull blues

Solitary Seagull

Swirl

Biddeford, ME (Vacant)

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With All Due Respect (for nature’s beauty),

“Mr. Art”

Zoning Board’s trampling of Green Code rewards Fruit Belt speculators and emboldens gentrification

Posted by Arthur J. Giacalone on June 19, 2020

Posted in: B-N Medical Campus, City of Buffalo, Development, Fruit Belt, Gentrification, Green Code, Zoning Law. Leave a comment

Our state’s highest court expressed the following warning nearly a century ago concerning the power of a zoning board of appeals [ZBA] to grant “variances” from a zoning law’s requirements: “There has been confided to the Board a delicate jurisdiction and one easily abused.” The author of such elegant prose, Chief Judge Benjamin N. Cardozo, must have foreseen an inexplicable (but, sadly, not surprising) decision on June 17, 2020 by the City of Buffalo’s ZBA.

A “variance” is described in Buffalo’s zoning code [the Uniform Development Ordinance (UDO), informally known as the “Green Code”] as follows:

“A zoning variance allows a narrowly circumscribed means by which relief may be granted from unforeseen applications of this Ordinance that create practical difficulties or particular hardships.” [UDO, 11.3.5(A)]

As the words “narrowly circumscribed” suggest, this tool is intended as a scalpel. Unfortunately, in Buffalo’s City Hall, it is relentlessly wielded as an axe.

On June 17^th, a 3 to 2 vote by Buffalo’s ZBA – with “Ayes” by Chairman Rev. James A. Lewis, Janice McKinnie and James Hornung Jr., and “Nayes” by Bernice Radle and Thomas Dearing – granted the request by Symphony Property Management LLC and Michigan-Redev LLC to circumvent eleven requirements of the Green Code to allow construction of a 133-unit apartment development known as “The Lawrence.” The controversial project straddles Michigan Avenue and Maple Street, and represents both a massive encroachment into the Fruit Belt neighborhood, and, as will be addressed below, an utter disregard of the UDO/Green Code’s vision for that community.

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The site of the Symphony’s proposed project is an assemblage of 15 parcels – 6 on Michigan Avenue facing the Buffalo Niagara Medical Campus and zoned N-2E (“Mixed-Use Edge), and 9 on Maple Street, a residential neighborhood, zoned N-2R (“Residential”). Buffalo’s Common Council unanimously approved the UDO/Green Code on December 27, 20216. On December 23^rd, just four days earlier, Michigan-Redev LLC purchased 11 of the 15 parcels (plus three adjoining lots) for the astronomical price of $1.75 million. According to an April 2014 Buffalo News article, it had only cost the sellers “about $100,000 to purchase, demolish and maintain” the parcels “The Lawrence” developers chose to buy for seventeen-and-a-half times that amount.

The intent of the N-2R zoning district on Maple Street (and, the vast majority of the Fruit Belt neighborhood) is clearly set out in the Green Code’s dimensional requirements. The N-2R zone envisions a residential district comprised of moderate size residential buildings (a maximum of 3-stories high), on moderate size lots (no wider than 60’), and separated by side yards at least 3-feet wide on each side. And, to underscore the goal of moderately dense N-2R neighborhoods, the UDO imposes a “Residential density” maximum of one unit for each 1,250 square feet of lot area.

Michigan-Redev LLC and its co-applicant, Symphony Property Management (by its principal, Timothy Leboeuf) never made an effort to comply with the requirements of the UDO/Green Code. And, even more disturbing, the applicants’ attorney, Marc Romanowski, Esq., commented several months ago that Symphony was encouraged by Mayor Byron Brown’s Office of Strategic Planning staff – the folks who drafted the Green Code – to ignore the limitations mandated by the zoning code and proceed with a monumentally non-compliant proposal.

Despite the “narrowly circumscribed” role of a variance, Michigan Redev LLC and Symphony asked Buffalo’s ZBA to, in effect, decimate the UDO’s N-2R requirements in order to provide relief from a fully foreseeable and self-created hardship: that is, their need to overcome the huge price Michigan Redev had voluntarily paid for the 15-lot assemblage by allowing the developer to build a large, high-density project, out-of-scale and character with the Fruit Belt neighborhood, and requiring multiple and substantial variances. In response, although they hemmed and hawed for months, the ZBA majority, in the end, abused its “delicate jurisdiction,” and took an axe to the Green Code’s letter and intent by approving the applicant’s March 5, 2020 proposal.

Here are the relevant figures:

– Number of units/density. By right, under the UDO, Symphony could lawfully build 21 apartment units on the 9 parcels located on Maple Street, one unit for every 1,250 square feet of lot area. By comparison, the 9 closest existing homes on Maple Street have a total of 17 units on nine parcels (which translates to one unit for every 2,345 square feet of lot area). Symphony disregarded both the Green Code’s restrictions, and the existing neighborhood density, and requested, and the ZBA approved, 68 units in the N-2R zone. In other words, thanks to its unbridled use of the variance tool, the ZBA majority will allow Symphony to construct 3.23 units for each unit permitted under the Green Code.

– Lot width/length of building. The nine Maple Street lots owned by Michigan Redev LLC total 260-feet in width, or an average of about 30’ each. The Green Code generously allows a property owner a maximum lot width of 60 feet. In other words, under the UDO, Symphony could construct, by right , 5 buildings on 5 lots ranging in widths from 48’ to 53,’ and, in doing so, not overwhelm the adjoining residential community. From the start, however, the voracious developer proposed one 254-foot long building on the 260-foot wide lot. And, the ZBA majority (Lewis, McKinnie and Hornung) generously approved Symphony’s request.

– Side yards/open space. Reflecting the traditional, medium-density character of the residential Fruit Belt streets, the Green Code requires each lot to have a 3-foot side yard, with a minimum total side yards of 15% of the lot width. The 260-foot wide lot for “The Lawrence” would require, under the existing zoning law, 52 feet of side yards.? So, what did the greedy, speculating developer request, and the UDO-trampling ZBA majority approve? An incredible total of six-feet of side yards on a 260-foot parcel.

– Number of stories. Not one of the nine closest homes on Maple Street exceeds two stories in height. Nonetheless, the N-2R zone allows an owner to construct a building with a maximum of three stories. Despite the scale of the existing neighboring residences, and the 3-story limit in the Green Code, Symphony requested, and the ZBA majority granted, permission to build a 4-story, 254-foot wide apartment building on Maple Street.

Although you can’t see the height of the structures, here are site plans, showing, first, the footprint of what could be built to comply with the UDO/Green Code, and then what the June 17^th variances allows:

Also, here is the architectural drawing of the Maple Street “elevation” approved for “The Lawrence,” followed by a photograph of the three-unit, two-story residence on the 85-foot wide lot directly across Maple Street from the proposed site of “The Lawrence” (the largest of the nearby houses):

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In my opinion, the decision made by Buffalo’s Zoning Board of Appeals’ majority on June 17, 2020 will a detrimental impact on the fabric of the historic Fruit Belt neighborhood. The ZBA’s misguided determination will further embolden developers to pay outrageously high prices to assemble large parcels of land – despite the restrictions codified in Buffalo’s zoning laws – with a renewed confidence that Buffalo’s City Hall will allow them to duplicate – if not surpass – Symphony’s out-of-scale and out-of-character apartment project. In doing so, the gentrification of the Fruit Belt – that is, the process of displacing current, low-income, African-American and Hispanic residents with more affluent and whiter occupants – will proceed unabated.

In 2004, our state’s highest court expressed its belief that a municipality’s zoning board is “entrusted with safeguarding the character of the neighborhood in accordance with the zoning laws.” That court has also held that lot size, density, and the scale and style of nearby homes are relevant factors when considering a proposed project’s impacts on a neighborhood’s character.

I’ll let you decide whether Buffalo’s ZBA has lived up to its fiduciary duty to the residents of the Fruit Belt neighborhood.

With All Due Respect,

Art Giacalone

P.S. Here is a copy of my most recent letter in opposition to the proposed variance application, submitted to the ZBA – by way of the Office of Strategic Planning – on June 15, 2020: The Lawrence – Giacalone 06-15-20 ltr to ZBA.

P.P.S. When reading the post following its publication, I noticed that I had forgotten to mention the arguments, repeated ad nauseum by Symphony’s lawyer, and embraced in city hall’s staff report, on why the massive scale of the building, and flagrant disregard of the Green Code’s lot width, side-yard, density, and height restrictions, would barely be noticed by nearby residents, and would not adversely impact the existing neighborhood character: (1) the revised plan (see the “elevation” drawing above) “break[s] up the building design” and “mimics” 3 or 4 building structures”; and, (2) two 25-foot by 20-foot recesses in the Maple Street façade – characterized by Symphony as “patios” – “create 50’ of open space within the façade, greatly minimizing the impact of a loss of side yard separation.” In fact, UDO requires side yards to be actual open spaces, extending from the front yard to the rear yard line. As proposed, the patios extend about a quarter of the depth of the lot, and then meet a 4-story wall and the rest of the apartment building. The following landscape plan gives you an idea of just how minimal the patio “recesses” actual are [I’ve highlighted the patios in yellow]:

Medical Campus pledge for racial equity rings hollow

Posted by Arthur J. Giacalone on June 8, 2020

Posted in: B-N Medical Campus, City of Buffalo, Development, Fruit Belt, Gentrification. Leave a comment

[My thanks to the Buffalo News edit page staff for publishing a version of this post in its “Another Voice” column, on-line June 8, 2020, and in the print version June 9. I have written here about the unjust and unlawful gentrification of Buffalo’s Fruit Belt neighborhood on multiple occasions, including, for example, in 2015 and 2014.]

Buffalo Niagara Medical Campus President and CEO Matt Enstice has issued the BNMC’s “Pledge for Racial Equity,” expressing firm opposition to “any form of racial injustice,” and the BNMC’s “strongly held beliefs in promoting justice for all people.” [Here’s the statement, BNMC’s Pledge for Racial Equity.]

The vast majority of women and men who work within the Medical Campus undoubtedly agree with these sentiments. And, I trust, the members of BNMC’s board of directors feel likewise. [With a bit of scrolling, the institutions forming the BNMC, and it board members, can be found here.]

However, taking steps to displace a community of low-income people of color in the adjoining Fruit Belt neighborhood is not racial justice. Similarly, making families fear that they will be pushed out of their neighborhood and replaced by wealthier and whiter individuals – in the name of “progress” – is itself a form of racial injustice. [Here is an informative introduction to the history and architecture of the Fruit Belt neighborhood, fruitbelt_brochure_final.]

Actions, and inactions, do speak louder than words.

In 2010, the BNMC issued a “Master Plan Update” urging the creation of “a campus-wide Generic Environmental Impact Statement (GEIS) in order to facilitate future campus development and assess the environmental, social and economic impacts of growth.” [See 2010 Master Plan Update, p. 62, 7.] If done properly, the GEIS would have included an objective analysis of the potential for displacing the less-affluent neighbors of an expanding Medical Campus, and identified mitigation measures to reduce the adverse impacts. The GEIS was never done.

That same 2010 master plan included the following statement: “The transition between the medical campus and the Fruit Belt neighborhood must be carefully considered to take advantage of proximity while also mediating building scale, character and use.” [See 2010 Master Plan Update, p. 28, 30.] Several years later, Roswell Park Comprehensive Cancer Center, a major member institution of BNMC, ignored that call for moderation, and built a 12-story tower at the very edge of the Fruit Belt neighborhood, where the typical building is a one- or two-story home.

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Another prominent BNMC member, the University at Buffalo, caused turmoil and distrust in 2013. The 150 families living at McCarley Gardens, at the edge of the Medical Campus, learned that UB planned to purchase the site and demolish the low-income townhouse complex. They felt victimized and tossed aside, no more than collateral damage to be forced to move in the name of so-called “progress.” It took a prolonged effort by community residents and activists to convince UB to drop its plans.

McCarley Gardens

More recently, Roswell Park again demonstrated its insensitivity to the character and quality of life of the Fruit Belt neighborhood when it sold a single-family house on Maple Street to a private developer. By doing so, it provided the critical piece needed for a proposed “market rate” apartment complex that, if built, will be grossly out of scale physically with the nearby residences, and out of reach financially for most Fruit Belt residents. [Here’s one of several iterations of “The Lawrence” project, The Lawrence – Elevations; and, here’s my opposing letter, submitted as a concerned citizen in March 2020 to the City of Buffalo Zoning Board of Appeals, The Lawrence – Giacalone 03-10-20 ltr to ZBA.]

Had Roswell Park desired inclusion and diversity, it would have insisted on an “affordable housing” requirement in the deed.

A pledge for racial equity will ring hollow in the absence of respect for the dignity of the individuals and families who live in the adjoining neighborhoods.

With All Due Respect,

Art Giacalone

A Buffalonian’s 2005 Walk through Christo’s The Gates

Posted by Arthur J. Giacalone on June 8, 2020

Posted in: Olmsted Parks. Leave a comment

Hungarian-born artist, Christo, died on May 31, 2020. Given the variety of societal challenges we’ve been facing, I’ve wavered on whether to share photographs that I took in Central Park in February 2005. I didn’t want to appear too trivial. But, my indecision ended yesterday.

The June 7, 2020 print version of the Buffalo News contains, in its GustoSunday section, an article that had first appeared in the New York Times entitled, “Christo’s billowy visions were fleeting but unforgettable.” Included in the piece was a solitary black-and-white photo from “The Gates,” a project conceived by Christo and Jeanne-Claude, his wife, twenty-six years prior to its fruition.

I had traveled to New York City on February 22, 2005 to experience The Gates first-hand. The massive undertaking would be in existence a “fleeting” 16 days. [Here’s the “appraisal” of the work of art published in the New York Times the day after its opening, “A billowy gift to the city, in a saffron ribbon.”] The shades-of-gray image of The Gates in Sunday’s newspaper struck me as a wholly inadequate way to recall the iconic vision of the recently-deceased artist. As Anna Quindlen wrote for Newsweek in March 2005:

“Said to be saffron but really a Hare Krishna orange, ‘The Gates’ consisted of a line of giant croquet wickets [7,532 in all] edging the park paths as far as the eye could see, their cross-beams hung with a flutter of fabric that embraced the walkers beneath.”

So I dug up my 2005 photos and instantly realized, as I revisited that stroll 15 years ago, how refreshingly stunning Christo’s project was. It lifted my spirits. And, I concluded, may well be an appreciated source of pleasure for the visitors to this blog.

I’ll let the pictures tell their own story. But, as a Buffalonian proud of our city’s Olmsted parks, I feel compelled to share this quote from The Gates’ official brochure: “The 16 day duration work of art, free to all, is a memorable joyous experience for the people of New York, as a democratic expression that Olmsted invoked when he conceived a ‘central’ park.”

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