City January 18, 2013 11:11 AM

Planning 101: Don't Leave Out the Residents

Planning 101: Don’t Leave Out the Residents

Residents of the Fruitbelt's McCarley Gardens development aren't happy with the planning effort underway that would see their neighborhood displaced to make room for the University at Buffalo.  The following letter was sent to the Chair of the University of Buffalo Foundation, Francis Letro, and copied to local media.

January 15, 2013

Dear Mr. Letro,

This is a follow up to our request made during the University at Buffalo/ St. John Baptist Church conversation with the Fruit Belt/McCarley Gardens Community on Economic Opportunity held on December 13, 2012.

The purpose of the meeting was to open dialogue between all parties:  UB, St. John and Fruit Belt/McCarley Gardens residence (the public). The goal being, to find ways to increase the University's presence in the Fruit Belt area.

Our problem was that there was an agreement entered between you, The University at Buffalo Foundation, Inc and St. John. The agreement required that a panel be appointed. The problem was that none of the members of the panel has ever lived, worked or played in the Fruit Belt/McCarley Gardens Community.

We requested that the panel be dissolved and a new panel convene that would include neighborhood representatives at a ratio of two to one, we requested that a copy of the contract be made available to us, so that we would know the terms, conditions, timetable and goals. Also, we asked for a copy of UB's development plans for this site.

We requested that an answer be given to us by January 31, 2013.

We haven't heard from you and thought that maybe communication broke down and you haven't received our request because of the holidays. WE ask that you would let us know your answer as soon as possible and that all future meetings concerning the Fruit Belt and McCarley Gardens Communities be open to the public and the press.

If you have any questions or concerns, please call Veronica at 716-XXX-XXXX or Lorraine at 716- XXX-XXXX.


Thank you for your consideration,

Veronica Hemphill-Nichols, Fruit Belt
Lorraine Chambley, McCarley Gardens

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Seems like a reasonable and appropriate set of requests to me. Hopefully they will comply with it.

Score: -2 ( 22 votes ) Vote up Vote down Report this comment

Isn't this public housing?

Shouldn't the "public" then be repesented at the same per capita rate as the residents? Perhaps 1 resident on the board would be enough to make sure their opinions are heard.

When this was built it destroyed the street grid and no doubt replaced mixed use historic buildings, buildings that we would be much better off with today. I would love to see this torn down, the street grid restored, and the whole property be turned into mixed use buildings for the medical campus.

Score: 38 ( 54 votes ) Vote up Vote down Report this comment

I agree. The residents should be represented but this poorly planned development is not a benefit to the city.

replied to North Park
Score: 35 ( 49 votes ) Vote up Vote down Report this comment

No, it is not public housing. It's privately owned low income housing that was built with public subsidy. Obviously, all stakeholders should have a voice.

replied to North Park
Score: 4 ( 32 votes ) Vote up Vote down Report this comment

Why are you downvoting facts? I agreed you need neighborhood representation and input. Jesus, do you want facts or truthiness?

replied to Yo Yeah
Score: 6 ( 22 votes ) Vote up Vote down Report this comment

So they just want more money.

replied to Yo Yeah
Score: 2 ( 4 votes ) Vote up Vote down Report this comment

I totally support the complete privatization of every property owned by the municipal housing authority. It will lead to better outcomes for the properties in terms of management and better quality of life for residents in terms of rooting out crime.

But I was under the impression that this property is not a BMHA owned housing project. I think it is owned by the church group, or a not for profit entity controlled by the church group.

It would make sense for St. Johns to use the $15 million purchase offer from UB (if I recall correctly), to build out better subsidized housing for congregants in need elsewhere in the Fruit Belt. Preferably in the form of scatter site infill development of single family owner occupied housing.

Score: 7 ( 23 votes ) Vote up Vote down Report this comment

This is a municipal housing community for the poor.

They are standing in the way of one of the only economic engines willing to locate downtown, that is running in our economy and our city that is creating jobs.

I empathize but if I were at UB, I would not meet with them or give them any opportunity.

You live off the taxpayer then if you need to move then you move at the will of the taxpayer.

Same with the Marina Towers, same with the municipal housing on Niagara Street next to city hall, etc etc etc.

This liberal nonsense needs to stop.

Score: 31 ( 65 votes ) Vote up Vote down Report this comment

Save it. Every homeowner lives off the public taxpayer as well with their mortgage interest deductions and child care tax credits and on and on and on.

replied to paulsobo
Score: -17 ( 63 votes ) Vote up Vote down Report this comment

Once again you pull things out of thin air. This is not municipal housing. It is not owned/controlled by BMHA or any other governmental agency. This complex is privately controlled (although receives rental subsidies most likely through HUD). The owner, which I believe is an entity controlled by the neighboring St John Baptist Church, decided to sell the property to the UB Foundation, as is their right as the property owner. While I agree that the move by UB to the BNMC is a highly positive event for the city, this is at the expense of what is probably one of the best maintained low-income housing complexes in the city. I don’t know what the best answer is, but it must be recognized that the residents’ community is being eliminated at the expense of progress. There is a cost to that.

In other posts you have pushed your religiosity and have decried the decline of church attendance. This religiosity is strangely absent in this post, but I am not surprised since I’ve found that the most publically pious are often hypocritical in their actual beliefs and practices.

You forgot to push for light rail expansion. You also declined to point out this complex is “suburban style,” another one of your favorite terms. You are slipping.

replied to paulsobo
Score: 27 ( 35 votes ) Vote up Vote down Report this comment

Its fuuny how they include the "community" when the projects are located in the elmwood village community but when it comes to other parts of the city...some of our leaders think they know best so they diregard the public.. Thse resdents ned to be included in the process...

Score: 4 ( 26 votes ) Vote up Vote down Report this comment

Unless there are other written exit agreements with the tenants, how can they object? If you rent a house from an owner and that owner decides to sell and the new buyer wants you to move out what are your alternatives beyond a timely exit? I think eminent domain issues trump personal preferences.

Score: 11 ( 29 votes ) Vote up Vote down Report this comment

I know I may sound like a jerk when I say this but how much say should a transient renter have in the future of permanent real estate? By default these folks are not permanent residents. Same with the Marine Drive apartments. To what extent should the residents be able to control the end product?

Score: 30 ( 44 votes ) Vote up Vote down Report this comment

Because it's their homes.

Look, I think ideally that this entire housing development is ugly, anti-urban and everything else. I would love to see it gone and replaced with great new buildings and real economic activity.

However, they have also been there for several decades. It is home to many people, and they no doubt have great memories and a tightly knit community. How would you like it if people told you that you have to move from your neighborhood? IT's bad enough if one person loses their home, but it can be devastating when an entire neighborhood is lost.

It's easy for us will off people to determine how others should live and where. So I would offer a compromise -- no one can argue that this neighborhood should be removed unless they personally know at least one person who currently lives there.

replied to brownteeth
Score: -5 ( 19 votes ) Vote up Vote down Report this comment

It usually makes sense practically and politically to welcome the community in to the process to some degree. What matters most is that the selected community reps are positive good faith operators, share enough of the same goals with the project's leadership and do not harbor any kind of bad feelings that could disrupt the project down the road. Inviting selected reps from the community doesn't necessarily mean the University won't get 99% of what it wants in the end. It could also build enough trust to help avoid obstructionist lawsuits down the road. Also, it would be smart for the project leaders to do everything possible to avoid the poisonous rhetoric of us vs them, owners vs renters, maker vs takers that some people love to introduce.

Score: 13 ( 13 votes ) Vote up Vote down Report this comment

All Public Housing, assisted or otherwise, needs to be moved to the EAST side ASAP. This way, you can fix up the East side to a better community and utilize many of the older buildings there.

This piece of peoperty is a life line for the future of our City! Lets generate high revenue for once instead of all of us paying for low income persons to live in a nice area!

Score: 6 ( 34 votes ) Vote up Vote down Report this comment

For myself I hoped like most people that this would lead to a compromise of UB expanding on on these parcels mainly because of the economic impact for UB,BNMC,surrounding neighborhoods/residents,and the city and region as a whole,while at the same time seamlessly relocating McCarly Garden residents to a series of well planned mixed use housing developments,rehabs,single family homes,townhouses,and new apt complexes,well maybe thats asking alot,nothing goes that smooth.But regardless how we all feel these residents have a right to be heard and represented fairly not only because they live and have familes in these apts but they are simply Buffalo and for that matter U.S. citizens regardless whether they rent or own!

Score: 7 ( 9 votes ) Vote up Vote down Report this comment

I don't disagree with you. I just wouldn't give them the final say simply because they do not have the same stake in the neighborhood as say a home owner, Roswell, UB, etc. Everyone regardless of status should have a say, my feeling is that the community at large should be taken into account more greatly than just the residents of this complex.

replied to rockpile
Score: 11 ( 13 votes ) Vote up Vote down Report this comment

I think the owner had his say when they said sold!

replied to brownteeth
Score: 10 ( 16 votes ) Vote up Vote down Report this comment

I agree. These people are sucking of the government "tete" and shouldn't have a say. If you rent and the property's sold and the new owner wants to convert your multiple into a single family, you're SOL my friend. I think because these people are poor and for large part minorities people always want to help out, but you know what? Helping out for generations is what's put most of these people in the place they're in.

replied to Old First Ward
Score: -1 ( 33 votes ) Vote up Vote down Report this comment

That's right! That's what this country was built on! Only people who can afford to own property deserve a voice!

replied to Up and coming
Score: 11 ( 17 votes ) Vote up Vote down Report this comment

If you go back to the article about PUSH and the Westside you'll find the same commenters arguing that low income renters should step up, be more engaged in the community and show a sense of ownership.

replied to LouisTully
Score: 9 ( 11 votes ) Vote up Vote down Report this comment

"That's right! That's what this country was built on! Only people who can afford to own property deserve a voice!"

You're actually right in your sarcasm. Up until 1812 white men who did not own property where not allowed to vote.

replied to LouisTully
Score: 0 ( 2 votes ) Vote up Vote down Report this comment

please leave wny immediately.

replied to Up and coming
Score: 0 ( 10 votes ) Vote up Vote down Report this comment

These people are sucking of the government "tete"

Says the guy who works for the government.

replied to Up and coming
Score: 12 ( 12 votes ) Vote up Vote down Report this comment

Key word, "works".

replied to RaChaCha
Score: 0 ( 2 votes ) Vote up Vote down Report this comment

The fact that they will have the opportunity to live in a brand new unit a few blocks east should be enough of a concession to losing their residency. How many other landlords do that?

replied to Old First Ward
Score: 14 ( 20 votes ) Vote up Vote down Report this comment

A renter only has an agreement with the owner who they signed the lease agreement with. If the property is sold, the new owner can honor the old agreement or not. It’s up to the new owner and the renter has little say in the matter. It doesn’t matter if your renting in McCarley Gardens or an apartment on Solders Circle. It may suck but, that’s the way it is.

Score: 8 ( 14 votes ) Vote up Vote down Report this comment

That's my point. Regardless of economic status renters shouldn't have the same weight. The reason EV residents may have more say in their community is because the majority are property owners, that pay a lot in taxes too.

I think it's a bit excessive to form a new committee because some transient renters feel they don't have enough input on property they don't own, especially given the fact that millions of dollars and 100's of new jobs are on the line. If this were something bad for the community (ie Peace Bridge expansion, truck exhaust)I be more apt to agree.

As a landlord myself, I'll give my tenant choice of paint colors but not kitchen cabinets or flooring. It should be the same deal here.

replied to bung
Score: 8 ( 14 votes ) Vote up Vote down Report this comment

Why does everyone want to tear things down. Tell the medical campus to go to hell. Give this land back to the the rightful owners: the Indians.

Score: -8 ( 24 votes ) Vote up Vote down Report this comment

if they build the tepees to the curb it should be ok.

replied to Freethrow
Score: 15 ( 17 votes ) Vote up Vote down Report this comment

Just...just...wow. The whole purpose of developing subsidized affordable housing via a community controlled nonprofit is twofold. First, nonprofit ownership of this type of housing is supposed to ensure that the long term affordability of the units is not in question. For profit developers often opt out after regulatory and extended use periods expire and seek to raise rents. Secondly, having a community based organization develop and own this type of housing is supposed to ensure that it helps to meet the needs of the community in its neighborhood. It is generally in the bylaws of the organization itself. Essentially, McCarey Gardens was built by neighborhood constituents to serve neighborhood constituents. This is why they have a say as to their future and explains why it is different that living in a private building or house. Not a complex idea. That being said, the Fruit Belt community and St. Johns CDC both have a stake in what is happening at the BNMC. Nobody is suggesting that the expansion project be scuttled - however, residents in that neighborhood CERTAINLY have a right to have a voice in what is happening in their neighborhood - at least as much as you people do in deciding that you don't like the window frosting on a store front in your precious Elmwood Village. Whats next? Should people who rent not be allowed to vote because they don't have the same stake in their country as you, the landowner, do?

Score: 11 ( 21 votes ) Vote up Vote down Report this comment

We're not talking about displacing residents to build a garbage dump, we're talking about relocating residents to a brand new place a couple blocks within their neighborhood to expand Buffalo's largest development. In the process we are removing an ugly sprawling high maintenance complex. What's their issue exactly?

replied to Yo Yeah
Score: 12 ( 18 votes ) Vote up Vote down Report this comment

"What's their issue exactly?"

Its in the letter. I think its pretty clear their issue is with the process and community engagement.

"Our problem was that there was an agreement entered between you, The University at Buffalo Foundation, Inc and St. John. The agreement required that a panel be appointed. The problem was that none of the members of the panel has ever lived, worked or played in the Fruit Belt/McCarley Gardens Community."

replied to brownteeth
Score: 5 ( 11 votes ) Vote up Vote down Report this comment

I get that, I meant what is their concern with the actual development itself? (aside from not being personally invited to be on the panel) If St. John's, owner of McCarley Gardens, is on the panel aren't they being represented?

I just purchased a home (I am moving into this weekend) on Ellicott exactly .3 miles north of the medical campus so I have a stake too. I trust their judgement solely based on everything built to date. I am curious to know what their concern is with the development itself, not the process.

replied to davvid
Score: 2 ( 6 votes ) Vote up Vote down Report this comment

I'm just reading the article but it sounds like the owner has not "lived, worked or played" enough to speak for the community. Also seems like there are a lot of questions about what exactly the community thinks. Bringing community reps to the table could clarify this.

replied to brownteeth
Score: 3 ( 5 votes ) Vote up Vote down Report this comment

While I'd agree in general tenants shouldn't be able to stop landlord decisions to change a property's use like this, in this case it doesn't look like the tenant group is asking to stop anything - at least not in that letter.

In the letter's 4th para, they ask for 3 things -
"We requested that the panel be dissolved and a new panel convene that would include neighborhood representatives at a ratio of two to one, we requested that a copy of the contract be made available to us, so that we would know the terms, conditions, timetable and goals. Also, we asked for a copy of UB's development plans for this site."

Of those -
the second ask sounds very reasonable (public release of the contract, which makes sense even if tenants didn't ask for it - considering UB/SUNY is owned by NYS, all such contracts should automatically be public info),

the third ask sounds unreasonable at this point (release of development plans - it might be too early for UB to know plans in detail, but NYS govt has decided to completely move the multi-building medical school to BNMC from South Campus, which implies considerably more land will be needed at BNMC),

and I don't know what to think either way of the first ask (for a 'panel' with a certain amount of tenant representation - it would depend on what the panel's purpose & powers are, which the letter doesn't say).

replied to brownteeth
Score: 0 ( 0 votes ) Vote up Vote down Report this comment

Anyone who "trusts" those in power to do the best thing for the city and for your interests is a fool.

Sorry to say it, but it is true.

replied to brownteeth
Score: 7 ( 7 votes ) Vote up Vote down Report this comment

I don't think that renters should have that big of a say they don't have a stake in the community like an owner would. I can understand there concern but I think they're being dramatic like UB paid you they're giving you new apartments close by what else do you want? And if they are to get involved why not the rest of the community what stake do these people have more than anyone else who lives and works in the area. I hope this doesn't stall anything although I can't imagine it would even if UB ignored them outright. No one would support this group if they had the potential to hinder buffalos biggest development project in 20 years.

Score: 3 ( 7 votes ) Vote up Vote down Report this comment

If it was built with taxpayer money through HUD demolish it.

If its receiving taxpayer subsidized rent then shut it off.

Do the humane thing and help them find someplace else to live but you dont ignore a location that will generate hundreds of jobs downtown for a few units of cardboard low income housing.

Score: -1 ( 17 votes ) Vote up Vote down Report this comment

I agree that the street grid should be restored.

Renters should have no say in what the property owner does especially if they are low income taxpayer subsidized.

UB should ignore them totally

JOBS JOBS JOBS...people are crying for them. Hundreds of thousands of people left Buffalo to find jobs because they couldnt find them here.

We have UB and the Health Industry creating jobs and every low income renter wants to get a buyout. What liberal non-sense is this...

The entire city is low income and low rent...

Score: 2 ( 22 votes ) Vote up Vote down Report this comment

Who appointed the people to the panel? I would assume both parties had the opportunity to appoint their own constituents.

Score: 1 ( 1 votes ) Vote up Vote down Report this comment

I think the best chance to revive the old street grid is the realignment of Virginia St. That utilizes the least amount of space, however it would change the current square parcel on the northern border. Elm St. is very long shot at best. Reconnecting Elm would mean dividing the parcel north to south by one third. I wouldn't be surprised if Oak terminates at Goddell St. eliminating the N.Oak jog that is cutting thru to Ellicott St.

The real interesting development will be the two parking areas. The two story ramp bounded by Michigan, Elm, Virginia, and Carlton is outdated and small. The other is a surface lot in the southwest corner of the parcel. Eliminating the surface lot is the equivalent of adding about one level to a parking ramp. The ideal situation would be to build a multi-story ramp in either location, and eliminate the other. In some new ramp builds, its good to see some architects actually pay attention to aesthetic details on the facades of the ramps instead of just plain concrete walls with a little brick on the lower floor.

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You should check out the bnmc or UB2020 master plans. They show the vision for restoring the street grid. Both can be found online

replied to Old First Ward
Score: 2 ( 2 votes ) Vote up Vote down Report this comment

I think the best compromise would be for the BNMC to maybe donate some funds to St. John's to build some more infill housing in the Fruit Belt and help relocate these families.

Clearly this subdivision has to be removed, but if they can help foot the bill it might appease some folks and get the point across that the BNMC cares about its community.

St. Johns supporters better get on board or the'll be left in the cold.

Score: -2 ( 2 votes ) Vote up Vote down Report this comment

"I think the best compromise would be for the BNMC to maybe donate some funds to St. John's to build some more infill housing in the Fruit Belt and help relocate these families."

St. John's owned the land and was paid $15 Million for it. Maybe residents should be asking the church what they're planning to do with that money to help them out? I don't really understand why all the anger is directly only at UB, when St.John's agreed to sell in the first place.

replied to distas
Score: 8 ( 8 votes ) Vote up Vote down Report this comment

Ground was broken Friday December 14, 2012, on new low-income townhouses hailed as part of the ongoing transformation of the Fruit Belt and the neighboring medical corridor.

Construction of the $15.3 million, 49-unit project is under way on Maple Street and is slated to be completed in June 2014.

The townhouses are a faith-based initiative, being developed by the St. John Fruit Belt Community Development Corp., an autonomous arm of St. John Baptist Church, with funding from city, state and federal sources.

The development will include 22 buildings on 17 sites with two-, three- and four-bedroom townhouses. Their design will be in line with the neighborhood’s architecture. Rent will be $500 for the two-bedroom, $550 for the three-bedroom and $600 for the four-bedroom units.

Five years ago, various development efforts, like the waterfront and the medical corridor, were viewed separately, but Rep. Brian Higgins, D-Buffalo, said they’ve merged and are gaining ground.

The city has allocated $2.75 million in HOME funds to the project. Additional funding includes $10 million in Low Income Housing Tax Credits from the New York State Homes and Community Renewal and $2.4 million from the New York State HOME program.

About $9.2 million in private equity investment is being provided by Key Community Development Corp., and construction financing is coming from M&T Bank.

(An excerpt from Buffalo News story by Emma Sapong 12/14.)

Score: 6 ( 6 votes ) Vote up Vote down Report this comment

From Building UB - The Comprehensive Physical Plan 9/2009

Improve the fit between cars and our campuses:

Current plans by the City of Buffalo and BNMC Inc. will result in some changes to the existing street pattern. The conversion of Ellicott Street to two-way traffic will help reduce speeds, improve access to parking, and reinforce a campus character for the street. Kaleida’s purchase and closure of part of Goodrich Street to allow at-grade sheltered connections between the GVI and BGH will have little effect on local traffic, since Goodrich does not extend into the surrounding neighborhoods.

The plan for Downtown Campus proposes two further changes to improve both pedestrian and vehicular access to UB facilities:

If McCarley Gardens is redeveloped, the plan proposes the extension of the surrounding street grid into the site,reconnecting Virginia Street east to west, and extending both Oak Street and Elm Street north to Virginia. This re establishment of the historic street grid would strengthen connections between Allentown and the Fruit Belt, and between the medical campus and the rest of downtown Buffalo to the south. It would also break the site down into manageable development parcels, provide access to parking located at the interior of the site, and create some breathing room and street life within the site.

The plan also recommends converting Goodell Street from one-way to two-way traffic along its entire length in order to help calm traffic exiting the Kensington Expressway and facilitate safer pedestrian crossings. Any of the roadway changes proposed under the plan would need to be implemented in cooperation with the City of Buffalo Department of Public Works (DPW), which would assume responsibility for maintaining these public streets. UB, BNMC Inc., and DPW should also work together to improve pedestrian crossing conditions at key intersections with specially paved crosswalks.

Thanks to sbrof for the headsup!

Score: 3 ( 3 votes ) Vote up Vote down Report this comment

That info looks like enough of an already-released 'plan' to meet one of the letter's 3 requests. Details will change as time goes on, as should be expected.

The sale contract should also be publicly released by UB as one other request asks for, and I still don't know what's the substance of the panel or what it would do.

replied to Old First Ward
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"Rent will be $500 for the two-bedroom, $550 for the three-bedroom and $600 for the four-bedroom units." -

This is subsidized housing? Those prices are on par with rent for 3/4 of the city's lower income neighborhoods, many of which have lower crime statistics than the Fruit Belt. I know people who rent in the East Side for $250-400. Also, at $550 a month for an apartment in that area you are insane to not just buy a house, when they are going for $20-60k. My area statistically has way less crime and my house payment is a hair over $400 for a 3 bedroom, very nice house.

The city needs to work on getting people invested in homeownership instead of dickering over low income rental property. Renters won't take care of their property like a homeowner, 99 out of 100 times, and our laws are often not set up to punish destructive tenants - there are two vacant houses on my street right now because the renters trashed them to the point the city had to condemn them until the landlords make thousands in repairs. The last people I rented from before I bought my house practically begged me not to leave because they had evicted something like six tenants in a row.

Score: 3 ( 5 votes ) Vote up Vote down Report this comment

OMG...what whiners...if you don't OWN a property...in any country on the frikin planet, you have NO say whatsoever as to what becomes of it! Grow up

Score: 4 ( 6 votes ) Vote up Vote down Report this comment

Oh..but hang on...I rented (leased this car) for 5 years now...how dare you tell me I can't have it anymore....I put so much into it and loved it so much....come on...Business is business...get over it and get on with it. If Buffalo is to Happen again...get out of the way and stop your crying...it's a bit ridiculous...and embarrassing that some of the common folks think that things can stay the same forever

Score: 4 ( 6 votes ) Vote up Vote down Report this comment

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