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Unforeseen circumstances hinder construction of new building in Spencerport

What is happening with the building project at the corner of West Avenue and Union Street in the village of Spencerport? It is clear to see that this property is in the midst of development. The construction has been a long, arduous process that has been met with many roadblocks and delays.

It all began in 2019 when Robert Fallone, DDS, met with Jack Howitt, CEO of Midlakes Development, about the possibility of developing this vacant lot in Spencerport. Dr. Fallone presented the idea of partnering to construct a multi-use building that would include retail/commercial as well as residential space. Howitt and Dr. Fallone formed a partnership and purchased this land. Dr. Fallone and Howitt met with Kris Schultz of Schultz Associates Engineers and Land Surveyors to begin the plans for the project. Schultz presented the plans to the Spencerport Village Planning Board.

Just a few short months later, in March 2020, the COVID-19 pandemic caused the world to come to a screeching halt. The President of the United States declared a nationwide emergency. States began to implement shutdowns to prevent the spread of COVID-19. As a result of New York state emergency orders, work on the building project paused until 2021.

Sadly, in the fall of 2021, Dr. Fallone passed away in a tragic accident, and once again, the project was disrupted.

Howitt explained the steps that Midlakes Development needed to keep the project viable.

“The first step was to dissolve the partnership, allow the land to go to foreclosure, and purchase the property under Midlakes Development,” Howitt said. While this may sound simple, it was a long and tedious process, especially when dealing with many different entities, Howitt added.

Once the New York state pandemic stay-at-home order was lifted, and workers began to return to in-person, the project faced more challenges. Building materials were in scarce supply, and the number of available trade workers was limited. But, slowly, the project began to take shape.

Many unforeseen issues were dealt with during the construction. Gary Penders, Mayor of Spencerport, shared how another unexpected delay impacted the project

“There were issues with the installation of the water lines that are owned by Monroe County. There were restrictions that needed to be complied with because the connection for the water line is on the west side of Union Street,” Penders said.

Howitt explained the steps the construction workers took to install the water lines.

“We had to do subterranean boring across the street to connect the water lines. We installed a diversion water line for the sprinkler system, one for another building on Union Street and the other for our building. This was unexpected work as well as an additional expense,” Howitt said.

Because of the building design and the length of the project, a number of variances were applied for and approved. Jackie Sullivan, Clerk for the Village of Spencerport, explained that additional variances were granted during the construction process.

“The permit for the foundation was issued in February 2021, and permits for the structure were issued in November 2021.”

Sullivan noted that building permits are valid for one year. However, renewal applications have been made and approved each year, including this year, which expires on December 26, 2024. The Village of Spencerport Planning Board approved a total of three variances for the project. (A property owner requests a variance when their planned use of their property deviates from local zoning laws designed to protect property values.)

Sullivan described each variance.

“A special use permit for residential use in B-1 District to allow apartments (with retail) as part of the proposed building. The second variance was to allow parking to be on lots within 500 feet of the building, and the third variance was to allow building height of 42 feet at the tallest point,” she said.
Over the last few months of 2023, the project has made some headway. Carpenters continued work, and windows were installed on the second and third floors. But again, Howitt expressed his frustration with finding qualified, competent, and reliable construction workers.

“I’ve been searching for a masonry company for months to complete the work for the elevator shaft. I’ve had workers lined up to work, and then it falls through,” Howitt said.

However, Howitt is happy to report that as of the end of 2023, masonry work will commence shortly.
“The building of the internal elevator shaft, which is solid concrete block, is the next step in the building process. Once the elevator shaft is completed, the rest of the construction will resume,” he said.

Penders understands that many Spencerport residents have concerns about the building project and parking in the village.

“When the Tops Plaza was redesigned with the addition of the new extension of West Avenue, to make the new turning lane, the state removed those village parking spots on Union Street. The Village continues to work to make parking convenient,” Penders said. “The Village changed the parking lot behind the Village Offices to a 24-hour municipal parking lot with added security lights. A new Village parking lot located on the north side of the canal bridge will be completed sometime in 2024.”

Penders also added that Midlakes Development has fully complied with the Village’s zoning codes for the construction of and parking needed for the new building.

“Jack Howitt and Midlakes Development have been diligent in their pursuit of completing the project. The developer has fully complied with all of the Village Zoning codes, and the building stays within the Village’s Comprehensive Plan,” Penders said.

Howitt admits that the project has certainly met its fair share of roadblocks, but all were unanticipated and unexpected.

“It is an extremely well-constructed building that meets all the Village codes. It is my wish to find qualified subcontractors to complete the necessary work to finish the building,” he said. “Once finished, the building will be an attractive addition to the corner of West Avenue and Union Street. I’ve already had a number of inquiries in regards to the commercial space,” he said. “The building fits into the aesthetics of the village.”

Howitt described the layout of the building.

“The three-story multi-use building will be fully handicapped accessible and will include a mix of commercial and residential use. The second and third floors will be 12 one and/or two-bedroom luxury apartments, and the ground floor is approximately 2,000 square feet of commercial space,” Howitt said. “Each apartment will be outfitted with a washer and dryer. Additional laundry facilities and a recreational/community space, as well as secure storage for tenants, will be located in the lower/basement level. As a convenience, an elevator will also be installed.”

Neither Howitt nor Penders would provide any projected completion date for the building. But both agree that this building will only add to the village’s business sustainability and viability.
“It’s a well-designed showpiece and spectacular building that people will notice. It provides a viable location with plenty of exposure for businesses,” Penders said.

Howitt noted his goal for the project.

“It is my hope that the building is completed sometime within the next 10 to 12 months, but all of this is contingent upon the availability of subcontractors and materials. But I’m confident that this new building will be a positive addition to the village of Spencerport,” Howitt said.

Rendering of the completed project provided by Midlakes Development and Schultz Associates Engineers and Land Surveyors.

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