Category Archives: Geneseo

Never Mind

Back in the day, when Newman was new to town, energy levels were higher, and it was still possible to believe that it wasn’t a done deal, the Town Planning Board set a pretty high bar for the review of Newman’s Big Box plans. That bar took the form of a requirement that Newman complete an Environmental Impact Statement analyzing “potentially significant adverse impacts” associated with its proposal.

Among the potential impacts Newman was required to analyze was the precedent this project would set for future development in the area. Quoting directly from the Environmental Assessment Form (EAF) and Scope endorsed by a majority of the Board, concern was expressed that “large-scale development tends to occur in clusters” and that “approving Newman’s proposal would “establish a precedent that will encourage high density retail development and possibly additional Big Box retailers along NYS Rt. 20A and within the Gateway Overlay District.”

Demonstrating that these were not abstract concerns, it was noted that “we have already seen this in our community with the building of Wegmans and Wal-Mart’s Plazas” and that Newman itself had originally submitted “plans to develop 14 acres to the east of the proposed project now in question.”

To evaluate the likelihood and magnitude of these impacts, the Scope endorsed by the Board required that Newman and, ultimately, the Town Planning Board itself, complete a “Precedent Analysis” to determine “the precedent [Newman’s proposal] may establish for future similar development in the Gateway Overlay District, as well as other nearby zoning districts.”

As recently as January of this year, after reviewing the environmental impact materials Newman had submitted and finding them deficient, the Town reiterated that it was still waiting for an analysis of “the impacts of additional similar development within the Gateway Overlay District … including the potential traffic impacts of same.”

So, now that the Town Planning Board has accepted Newman’s Final Environmental Impact Statement (FEIS) as complete, what have we learned about the precedent effects of Newman’s project?

Nothing. Nada. Not a damn thing, except that Newman apparently did not want to answer this question and the Town Planning Board got tired of asking. As I write, the two volumes and 600 pages of Newman’s FEIS sit next to me, silent on what for me has long been the central question of this entire project.

Remember PDDG’s much talked about slogan: “Geneseo Yes, Genrietta No”? That’s a concern about precedent in bumper sticker form.

Volume I of the FEIS contains Newman’s (and the Town’s) responses to the many questions posed by the public. This is the heart of the FEIS. In response to concerns expressed about precedent, we are told that the Gateway “may” become “more desirable” to retailers, but that the Town retains the right to say no to future developers.

We are also told that Newman answered these questions last year, in its Draft Environmental Impact Statement (DEIS), submitted well before the Town told them it still hadn’t completed the required Precedent Analysis.

What Newman had done, and what it apparently thinks counts as a Precedent Analysis, was to complete an Economic Impact Analysis of its proposal way back in early 2006. Nowhere in that analysis, or in the independent evaluation of that analysis completed a year later, is there any information that might be construed as a precedent analysis.

The closest we get is an analysis of the effects of Big Boxes on Main Streets. This is useful and interesting information, but go back to the EAF and Scope quoted earlier and see that the concern driving the Precedent Analysis was the effect Newman’s proposal would have on “similar” or “Big Box” development in Geneseo.

Once upon a time, the Town Planning Board obligated Newman to tell us and obligated itself to make them, whether Wal-Mart and Lowe’s get together and give birth to Target or Best Buy or Dick’s or whether we had sprawled as far as we were going to sprawl. These aren’t impossible questions to answer. Lord knows there are plenty of other communities to look to for answers.

In response to those concerns, all we get are bland assurances that we control our own destiny and that future sprawl will be limited by the amount of available land. Those answers don’t inspire much confidence and they certainly don’t constitute a Precedent Analysis.

Decision Day Approaches

The Town Planning Board’s recent determination that Newman Development has provided all the information it needs to evaluate the impacts of Newman’s big box plans represents a big step toward the biggest step in this long saga. Now the board must decide whether those impacts – on traffic, on community character, and on growth – are bearable in a community already strained by retail sprawl.

Should the Board decide Newman’s plans fit into Geneseo’s plans, a huge hurdle will have been cleared. There will still remain other hurdles. The County Planning Board will need to give its approval, the Town Board will need to vote to rezone the property in question, and the Town Planning Board will need to work out the details of the site plan. The available record indicates these decisions are but formalities; speed bumps in the path of Newman’s bulldozer.

Now, at long last, is the time for the crucial decision to be made.

We at PDDG are busy preparing a memo to the Planning Board urging them to reject Newman’s plans. That document, which we will post online on The PDDG File when it is complete, will make three major arguments: that Newman’s plans are in impermissible conflict with Geneseo’s plans, that another big box will strain our infrastructure and cement our status as Genrietta, and that the legal requirements for making a final decision on Newman’s project have not been met due to Newman’s intransigence and the Board’s lack of proper oversight.

At its meeting on April 28 and perhaps at a subsequent meeting or two, the Board will take up these issues. We’re not particularly hopeful of the outcome, despite our confidence in our arguments.

Since helping to persuade the Board eighteen months ago that Newman’s plans required the completion of the environmental review process that is now being completed, we have had a harder time persuading the Board that Newman’s plans are fatally flawed.

Where we see Genrietta, a community that has lost its soul and its character, the Board seems to see just another big box. Where we see traffic gridlock, the Board seems to see just a few more cars. Where we see careful planning and zoning designed to prevent exactly what Newman proposes, the Board seems to see the PDD law as a get out of jail free card. Where we see Newman flouting its legal obligations, the Board seems to see business as usual.

Perhaps our standards are too high. Maybe community self-determination must bow to the almighty tax dollar. Maybe you can’t really say no to “progress,” however ugly it may appear. Maybe the procedural train wreck that has been occurring ever since Newman helped us write the PDD law they now seek to exploit is simply par for the development course.

We’ll soon see what the Planning Board decides. There is some room for optimism. Statements from Planning Board members at their April 7 meeting showed some reservations about Newman’s plans.

If the Board sides with Newman, we’ll review our legal options. That’s not intended as a threat. Rather, it represents a recognition of our core belief that Newman’s plans are for Newman’s benefit and are contrary to Geneseo’s laws and Geneseo’s interests.

In the end, the truth of that proposition will have to be determined.