Buffalo Beat

ONE Opposition mounting for Elmlawn Development
"Sanctuary" used for years, residents rally to preserve it from development.

In the almost fully-developed Town of Tonawanda, there is one remaining forest, and, if the land owner, and a developer get their wish, it, too, may be soon developed.

The Ciminelli Development Company Inc., one of the largest commercial developers in Western New York, with a real estate portfolio of almost 5 million sq feet, spread over 25 business parks, office, and medical centers, has its eye on the last town forest, and hopes to develop warehouse and offices for light industry here.
But town residents and preservation groups are uniting to oppose the development, which some town officials hope may bring in new tax revenues.
Les Smith, spokesperson for one group opposed to the development, said "We don't have any other forest land for people to walk. This is our last little jewel here, and now the town is going to write that off."

The Elmlawn cemetery, on Delaware Avenue, owns the 70 acre forest, part of its total 132 acres site.
Zoned "park/cemetery/school" and assessed at $6.9 million, Elmlawn has 80 cemetery sections, and a mausoleum, plus 70 undeveloped acres of forest land along its border, with the Youngmann (I-290) to the north, and the town's Kenney Field to the east.
As a not for profit cemetery, Elmlawn does not pay property taxes.
The forest land, referred to by neighbors as the "Hamilton - Huggins nature sanctuary," buffers the cemetery's lots from the I-290, and has a series of well worn trails that extend circuitously through the forest for several miles.
Bruce Kirchner, Conservation Director of the Audubon Association of WNY said his society is planning to oppose Ciminelli.
"This is the last wooded area left in Tonawanda." he said, "Tonawanda is very poor in green space and needs this area as a habitat for wildlife such as deer, and wild turkeys... It's a place were children can see nature close up.... This is a very important issue."
Officials from Ciminelli said the firm would like to build "flex" space, for a light manufacturing operation that ships and receives by trailer loads and has offices there.
According to the Ciminelli Corporations's web site (www. ciminelli.com).
Flex space is "quality office or office/warehouse space at an affordable rate, .... called 'flex' buildings because they offer ...flexibility to accommodate just about any user."
Elmlawn Cemetery Association President James Huggins, said the land would be"leased" to Ciminelli , since, as a tax exempt cemetery corporation, the Cemetery Association is more likely to get approval from the NY State Cemetery Board for a long term lease than an outright sale of the land.

But neighbors say they remember Huggins once promised them he would never develop the forest. In fact, he named the forest after himself, and a nearby school, calling it "the Hamilton Huggins Nature Sanctuary,"they say.
Bob Jumper, who has been walking the forest paths for years, said he and Huggins had about 60 members, or "friends of the Hamilton Higgins Nature Sanctuary" at one time.
"I was the first to see a coyote there, and I saw a white deer...," Jumper said, "We found bobcat tracks. Huggins encouraged us to make trails. We put out a newsletter for the (sanctuary)."
According to both Huggins and Ciminelli, the current proposed plan is to develop about half the forest, and leave the other half, which Huggins is now calling the "sanctuary," untouched.
But, according to published maps of the land, the entire 70 acre forest parcel has been considered a nature sanctuary for at least a dozen years.

"There used to be a sign on the preserve that read the "Hamilton Higgins Nature Sanctuary." said Judy Smith, who said she bought her home to be next to the sanctuary. "How do you call something a 'nature sanctuary' then take it away?"
And, in the late 80's and nineties "The Friends of Hamilton -Huggins nature sanctuary" maintained literally miles of trails, named Angle, Deer Run, Hawk, Muddy run, and Opossum Hollow. They published a map of the 70 acre property, and a regular newsletter devoted to describing the various flora and fauna in the sanctuary.
A 1990 newsletter proclaimed "our trails (are) well defined... the sanctuary is becoming a community haven for humans as well as for plants and animals....'
The PTA of the Hamilton school made annual donations to maintain the Sanctuary, and it was used as an "instrument for the outdoor - education of our school children," according to the newsletter. Elmlawn's president James Huggins is listed as the host for annual cookouts for the people who used the sanctuary, kept up the trials, and held meetings on how to improve the sanctuary.
At one of the meeting, according to Bob Jumper, Huggins promised the sanctuary will be here '1000 years.'"
Huggins refused to comment on whether he promised to permanently preserve the sanctuary.
Jumper said he has now gotten dozens of residents signatures opposing the development.

The forest property is landlocked and town officials have ruled out granting Ciminelli access through the town owned Kenny Field.

TWO
Access issue solved for Ciminelli for Town's "last forest"
Greif Brother Agree to Sell land as Town Officials deny knowledge of plans. The plan to develop the "last forest" in the Town of Tonawanda moved a step forward this week with the news that Greif Brothers Inc, owners of an adjacent parcel of land have agreed to sell 10 acres of it to the Ciminelli Development Corporation, allowing access to the otherwise landlocked Elmlawn
Cemetery forest.

The forest portion of the cemetery is landlocked from both Colvin Ave. and Brighton Rd, and finding a way to accommodate the volume of truck traffic generated by an industrial project for ingress and egress, critical to the project, may have been solved.
Krista Heines, spokesperson for Greif Brothers, confirmed the sale which will give Ciminelli access to the property through Colvin Boulevard on land owned by Greif Brothers Corp, and adjacent to their factory.
"Yes. We now have a contract for the sale of 10.5 acres of land we own in Tonawanda," she said.
Gary Lee, director of corporate real estate for Greif Brothers, said it wasn 't Ciminelli who first approached his company. He said town officials approached him, and said they needed the land for access. "We did not solicit the sale." said Lee. "Our intent was to help out the community."
Town officials say they have no information on Ciminelli's proposals. But Town officials insist that there is no plan on the table for them to assess or oppose.
Councilman E. William Miller (R) said he knows "absolutely nothing" about Ciminelli's intentions for developing the property and that he has "not talked to anyone" connected to Ciminilli about this development. "I don't now a thing about it," he said.
Councilman Ray Sinclair (R), chairman of the Town's economic development committee also said he "knows nothing about it." If a plan is presented before the board, Sinclair said, it will require a request for a zoning change.
Sinclair said a site plan would be presented to the Town Board which would then refer the matter to the Planning Board for study. A State Environmental Quality Review (SEQR) and a traffic study would also be required before the town board would made the final decision to approve, modify, or reject the plan..
Sinclair said, however, that, although he would "like the taxpayers to get something out of this," he and his colleagues would weigh all the issues and"do what is best for the entire Town."
Opposition mounting Meanwhile, as residents pass out fliers, and solicit petitions, opposing the development, opposition seems to be mounting daily.
It's not a done deal, according to Bruce Kirchner, Conservation Director of the Audubon Association of WNY. "The tactics that Ciminelli is using in ... Tonawanda (is) the tactics they use all the time." said Kirchner, "They negotiate a sweet heart deal quietly
with Town leaders and then at the right moment they spring it on people suddenly in a way so that people don't think they can do
anything to fight it. Or at least that is what Ciminelli wants them to
think....There are many legal and ethical questions involved here and we want to pursue them because we feel this is a very important quality of life issue."
Meanwhile, Robert Silsby, president of the Tonawanda - Kenmore historical society, said the society adopted a resolution supporting keeping the Sanctuary in "its natural state," and opposing the development, at their last meeting. The resolution, was carried unanimously, on September 12, by a vote, Silsby estimated, of 35 to zero.
Even outside the town, environmentalist are weighing in. Preservationist, Michael "Cousin" Kelly said he is "out there" rallying support for preserving this forest because of its importance as an "ecological treasure" in an almost completely developed town.

'This land is a passage way for deer. (the paths) could be 14,000 years old." Kelly said from the site. "After 14 millennia, it sneaks up on you. And all of a sudden, there's Ciminelli over here."

THREE
Moline opposed to town buying last remaining forest Democrats make it a campaign issue Elmlawn cemetery, purchased in 1901, as part of the original John Shell family farm, is the largest cemetery in town. It also has the largest, and last remaining forest in town.
Last month, James Huggins, president of Elmlawn Cemetery, confirmed Ciminelli Development Corp, and the cemetery were in negotiations to lease the land for Ciminelli to construct an industrial warehouse and trucking facility, called "flex space," on about half, or 30 acres, of the forest land.
Meanwhile, town residents, environmentalists and Democrats -- vying for seats on the currently all Republican town board- have been discussing the issue of preserving the last of the town's forest land. Ciminelli is one of the largest contributors to the Erie County Republican party, and recently hosted a $1000 a plate for Republican Us Senate Candidate Rick Lazio.
76 year old, town resident, Charles McDillicuddy, attends every board meeting.
"It is wrong for Ciminelli to buy this property," he said. "It would mean the loss of the last of our green space."
Others wonder why Ciminelli has to develop right here.
"There were plenty of other locations in town to accommodate this type of development." said local activist Frank Annunziata. "The grain mill was just torn down. There's 20 acres there. Military Rd has empty spaces. This guy (Ciminelli) just wants to tear down the woods."
But not everybody feels the forest green should be saved.
Town Supervisor Ron Moline (R) says he doesn't have any details on the Ciminelli project, since no plans have yet been presented to the town.

But when asked if he thought acquiring the forest land might add a new dimension to the town's recreational opportunities, Moline said, no and that he didn't think townspeople wanted to buy a forest. "I think is unfair to expect town taxpayers to acquire a substantial amount of land for a forest preserve," he said.
Moline pointed out that, although there is no public forest in the 18 square miles of the Town, there are no shortage of parks.
"There are two,18 hole golf courses, The Aquatic and Fitness center, a pavilion, 3 outdoor pools, each with wading pools, and 8 neighborhood parks, such as Lincoln Park, and Brighton Park, with ballfields, and swing sets. we have more parks than larger neighboring towns."
Moline's opponent, Susan Lichtblau, the Democrat candidate for Supervisor, disagrees wiht Molines assessment. She thinks the issue should be thoroughly discussed, and is making it a campaign issue as she goes door to door in the town.
"I'm not going to go in and say I'm going to save the forest," Lichtblau said, "What people have said to me is they want to save it... it's very seductive when you say you're going to get more taxes in. But once you got past the original acquisition, I really can't see what expenses there would be. Trail upkeep, small signage, some identification of species.... I'm not sure you can't get a grant. There are many preservation groups."
Supervisor Moline however stressed that the opposition is premature.
Ciminelli has not submitted plans to the town and besides at this point, "it 's a private matter."
The town's only role, according to Moline, would be to set up a State Environmental Quality Review (SEQR) where the impact of the project would be assessed, and a report made to the state. The town would be the lead agency and would coordinate and review the studies.
"The public will have ample opportunity to comment, if plans are submitted," Moline said.
But Democrat Dan Crangle, running for councilman, trying to become the sole Democrat councilman on the currently 7 member all Republican town board, like Lichtblau, also favors public hearings on the fate of the sanctuary. He thinks town officials know more than they are saying"For many years, children and adults have used the sanctuary for recreational purposes." Crangle said, "I don't think the town board is being open with people when they say they don't know anything about the project. They do know about it and have known about it for at least two years." From the comments of a number of residents, it is clear that people have used the land over the year. An inspection of the property also revealed well worn paths, a variety of wildflowers in bloom, and large white oaks, that appear to be, according to preservationist, Michael Kelly, "in the hundred year old range."
Neighbors also expressed concern about the impact of a development on their homes. The forest buffers many of them from the busy 1-290 thruway.
Bob Jumper lives near the corner of Brighton and Pine Woods.
"Many people are very upset about this issue." Jumper said, "I go out there often to see all the wildlife. The deer will come right up to you. It's a be autiful area to bring children. You can see deer and coyote and wild turkeys. Also the air is so fresh it makes the whole neighborhood feel good." Neighbors have published a list of 65 wildflower species in the sanctuary, from Alfalfa to the Yellow water lily, and ornithologist, and nearby neighbor, Judy Smith, has identified 65 bird species including 35 nesters, whose nest she says have been identified in the sanctuary, and 20 migrating visitors. Supervisor Moline admitted there was no other place in town to walk in a forest, but he stressed that the town spends a lot of money on parks, and recreation and that forest sanctuaries are the province of county and state government. "I don't think one should expect a town, that has to rely on taxes, to acquire forest land." said Moline, "I don't think it is a reasonable expectation." According to Dan Wiles, director of Youth, Parks, and Recreation: the entire department budget for 2001 is about 9.5 million. About 5 million is for recreation. 3.7 million goes for Maintenance of various facilities and about $750,000 for libraries and other facilities. Wiles said the golf dome makes a profit of about $125,000 dollars. The two golf courses and the driving range cost about 1.2 million to operate and bring in slightly more in revenue. But Jumper hopes that if they spend this much, there may be room in the budget for one forest. "This is the last Forrest in Town." he said, "It's a beautiful area that should be preserved. Many people are concerned about this. I have already collected 60 names on a petition to get this stopped. Not one person turned me down. It's the same thing that Cimenelli is doing in Amherst with that 330 acres. It's got to be stopped." McDillicuddy agrees, "If the matter is brought up in front of the Town Board I will speak up against it...I wonder why the cemetery wants to sell this land. It's not right." Asked if he would be willing to sell the cemetery land to the Town or a conservation group if either made a comparable offer to Ciminelli, Elmlawn president, Huggins declined to comment

Sidebar
Ciminelli is one of the largest contributors to the Erie County Republican party. County Republicans recently proposed him as construction manager for the county courthouse, but Democrats voted against him and he was not appointed. On June 26, Frank Ciminelli chaired a $1000 a plate VIP breakfast for Republican US Senate candidate Rick Lazio at the Rich Renaissance building.

Sidebar:
Among birds that nest in the Hamilton - Huggins Sanctuary are the Mallard duck, great horned owl, American woodcock, Downey Woodpecker, and the Baltimore oriole. The white tailed deer, red, and grey fox, muskrat, skunk, opossum, raccoon, coyote, wood chuck, brown bats, leopard frogs, painted turtles, blue spotted salamanders, wild turkey, great blue heron, coopers hawk, chimney swift, gold crowned kinglet, magnolia warbler, rose breasted rose beak, great horned owl among trees: the willow, elm, poplar, sycamore, red, and silver maple, red, white oak, black and green ash, buckthorn, hawthorn, Wild flowers: wild geranium, mandrake, gill - on- the- ground, red clover, swamp rose, yarrow, sow thistle, evening primrose, Jerusalem artichoke, and wild grape.