Grand Island: Public hearing set for June 2 for revised 'warehouse law'

By Karen Carr Keefe

Senior Contributing Writer

A revised version of the Town of Grand Island’s zoning code amendment regarding allowable uses in the commercial districts will be the subject of a public hearing at 8 p.m. Monday, June 2.

The measure would set the maximum square footage at 350,000 for warehouses or other large buildings within the town’s M-1 and M-2 zoning districts.

While the proposed law puts limits on warehouse facilities, it now rules out distribution centers in the town’s commercially zoned areas.

“The Town Board, having evaluated comments received, including from the Erie County Department of Environment and Planning, has made a policy decision to prohibit the more intensive distribution facilities as incompatible with the M-1 and M-2 districts, as described in the Comprehensive Plan, but appropriately sized warehouses should be permitted,” the new resolution states.

“While both warehousing uses and distribution facility uses present significant impacts and concerns, the Town Board notes that distribution facilities are more intensive and present significantly more truck traffic, noise and other concerns.”

The wording of the proposed law also cites “more workers on site … and more potential for air pollution, more noise impacts and more lighting impacts” from distribution facilities.

A super majority would be required to approve the law at the time the Town Board ultimately votes on the newest version of what is informally known as the town’s “warehouse law.”

Known formally as local law intro No. 6 of 2023, the measure has been the subject of heated discussion in public comment sessions at Town Board meetings since it was first introduced.

Council members Dan Kilmer and Jose Garcia recently met with members of the town’s comprehensive plan review board to go over some of the concerns in the earlier version of the proposed law. They came out with proposed changes.

Kilmer spoke at Monday’s Town Board workshop meeting about the latest proposed revision of the warehouse law.

“We increased the (maximum allowable) square footage,” he said. “Just so people know what the logic is, we took the largest building (in town), Thermo Fisher, added 10%, they were (310,000 square feet), we got to (350,000 square feet), and we figured we know the problems we have with that building at 310,000 square feet,” referring to increased traffic and other impacts. “So, it kind of makes sense that we don’t want to repeat that problem anywhere else; so that would be the max size we’d want to put in the law.”

Deputy Supervisor Tom Digati explained the effect the revised proposal would have on any large new builds proposed for the town’s commercial districts.

“Basically, it would switch warehouses from an as-of-right use to a special use in M-1 and M-2s, and it basically would not permit distribution facilities,” he said.

Over the past few years, numerous speakers at Town Board meetings have railed against allowing large warehouses and distribution centers on Grand Island. In August of 2023, residents marched in protest outside Town Hall with placards proclaiming, “No Giant Warehouse.”

The warehouse issue has been a hot one since 2020. That’s when Amazon walked away from its proposal to build a 3.8-million-square-foot warehouse on Grand Island, amid resident criticism over potential traffic jams, environmental impact and perceived threats to the Island’s quality of life.

Once Acquest Development of Amherst proposed a 1.1-million-square-foot facility at the same site, 2780 Long Road, the issue heated up again.

At Town Board meetings, residents have pushed back against mega-warehouses in general and that one in particular. The town has walked a tightrope since 2023, trying to set restrictions that are fair to both developers and residents.

Erie County came out against the previous version of Grand Island’s proposed zoning changes on March 7, 2024.

Unlike residents who said the proposed zoning restrictions didn’t go far enough, the county said the town had gone too far by reducing the allowable maximum square footage.

In doing so, Grand Island risks losing out on attracting and keeping businesses that bring jobs and tax revenue, the county said.

Typical larger warehouse and distribution centers being built in the region are in the range of 150,000 square feet and greater, according to the response from the county.

To build such a facility under that size “may not be economically feasible, given the costs of design, permitting and construction,” the county planning department wrote in a letter to Supervisor Peter Marston.

Prohibiting such facilities throughout the town would have “the net effect of impeding the economic development and supply chain resiliency of the county and wider region,” the county said.

On March 18, 2024, resident Cathy Rayhill criticized the process by which the proposed zoning law changes have been formulated.

“I am perplexed as to the convoluted approach the Town Board has taken to amending this law,” she said.

“Size is impact, regardless of the type of building that is proposed. A simpler approach would be to amend the law to limit the total gross square footage of all buildings on a business campus,” Rayhill said. “As we have already seen with the (pharmaceutical) businesses on Staley Road, the impact of these massive facilities has a negative impact on surrounding communities and the health and safety of our residents.”

Digati said Monday that the Town Board has already sent the newest zoning amendment change to Erie County and to the Town Planning Board.

He said the county would have 30 days from receipt of the town’s proposal to respond to it.

“In all likelihood, we wouldn’t be talking about any potential movement on the M-1 law until the first meeting in July,” Digati said.

He noted the town will send Acquest Development an updated engineering review of the Long Road warehouse project from CHA Consulting Inc.

The information from CHA is regarding a draft revised Final Supplemental Environmental Impact Statement (FSEIS) for the proposed warehouse.

In the cover letter of the review, the consulting firm wrote, “Many of the comments have been addressed sufficiently, but there are still some lingering issues with traffic and noise that will need some further clarification and analysis to be fully addressed. Since these are critical issues to the town, we do not recommend that the FSEIS be deemed complete at this time. Additionally, the new State Freshwater Wetland regulations that went into effect Jan. 1, 2025, may have some implications on the site.”

For further information, go to

https://www.grand-island.ny.us/DocumentCenter/View/3319/FSEIS-3rd-Review-Letter-002.