Jemal gets a rooftop patio, more changes at Elmwood-Bidwell

Specifically, the developer, owned by Douglas Jemal, agreed to significantly reduce the size of the planned fifth-floor rooftop terrace to limit the number of people who could use it at any one time and to prevent the possibility of large parties or noise that would disturb neighbors.

Still, it managed to bring the patio back into the mix after removing it from the project at the request of neighbors when it first received zoning approval from the city nearly two years ago.

This has been a major point of contention among community residents, who expressed a mix of disappointment and anger Monday because they felt the developer was going back on his word after the neighborhood previously agreed to do so after weeks of negotiations to support the original project.

“These were agreements we all made, and now the developer is going back on his word,” said resident Catherine Faust, an architect who was part of the neighborhood group that previously met with Douglas Development to reach a consensus. “The quality of the materials has been greatly reduced. Everything was diminished. I don’t think that’s acceptable.”

Paul Millstein, vice president of Douglas Development and its second-largest executive ever, said the company originally proposed a patio at the back of the building because there were unevenness in the building's design, but it was scrapped due to opposition. The proposal to restore it arose recently during construction, he said, when officials realized they had a flat terrace on another part of the roof, giving them an opportunity.

“It is intended solely as an open-air area for residents,” he said, emphasizing that it is not intended for parties and there is no entertainment or liquor license. “We thought it would be nice to have some furniture there.”

The critics didn't care. “There are no rooftop terraces in Elmwood. This is not downtown. This is a residential neighborhood,” said Gretchen Cercone, an Elmwood Village community leader and Lancaster Avenue resident. “The entire front of the building now looks completely different to the design that was proposed and that neighbors agreed on.”

Millstein sensed the tone and, after back-and-forth discussion with the planning board, who expressed their own concerns and sympathized with neighbors, readily agreed to make changes.

“I will not fall by the sword on this deck,” he said. “We just thought we would use it. It is a more upscale building, not a dormitory. It just seemed to make sense to use it.”

Instead of a 1,000-square-foot residents' terrace that can accommodate up to 49 people, it will be scaled down to a maximum of 12 people and will be set back 10 feet from the parapet edge to further limit the possibility of noise and views from neighboring yards. A smaller, separate 600-square-foot terrace connected to a high-end unit was approved separately. Two separate doors would be provided.

Additionally, the developer changed course and suggested altering his approach with a one-story garage or carriage house at one end of the property. The original plan was to add another floor and add apartments, but was preparing to abandon this and convert it to a masonry structure as National Grid had requested that a transformer be installed in the building rather than high in the air on a 20ft to mount a high tower. high post in the same area.

However, this did not go down well with neighbors and other residents, who cited both the potential noise and the altered appearance of the building, which they said was intended to look like a residential building. So Millstein agreed to return to the two-story architectural design for the exterior, but only as a shell without the second floor or apartments. The board also wants Douglas to conduct a noise study and minimize impacts.

Other approved changes affected the fourth and fifth floor facades. The floor-to-ceiling storefront windows were replaced with smaller, residential-style windows that let in less light but provide more privacy. “It looked very industrial,” Millstein said. “We wanted a more residential feel up there.”

And the developer is changing exterior materials on upper levels to replace some brick with a durable, engineered product similar to Trex decking that uses wood fiber instead of cement-based material. Due to its residential character, it was already used in other parts of the building. However, the colors must match the original site plan approved two years ago. A flatter roofline was also approved behind the main facade along Elmwood.

Finally, the board directed the developer to hold neighborhood meetings at least quarterly during the remaining construction period, which Millstein said is expected to last about eight months until the summer of 2026.

“It's a big, complicated project. You will continue to encounter things you didn’t expect,” said Board Vice Chairwoman Cynthia Schwartz. “It is really necessary to get this project to the point. Neither you nor the community want to return to further public hearings for every change unless it is a material change.”

Critics were also upset because they felt that both the developer and the planning board had made little or no recent effort to communicate with them about the proposed changes, despite the developer's promises in the past to do so regularly to get in touch with the community. “That’s not happening,” said Natalie Stoyanoff, who lives across the street, saying Millstein “wasn’t very direct with us.”

Daniel Sack, a Green Code advocate and long-time critic of the development, said the developer cannot be trusted.

“This developer has violated our laws in the past and later sought forgiveness. “In this city it is illegal to build without a permit,” he said. “They break the law at every opportunity.”

Millstein denied such claims in an interview after the meeting. “This is absolutely ridiculous,” he said. “We try to follow the process as best as possible at all times. We are moving quickly. We are making changes. Things happen. We are not perfect in every way, but our goal is to deliver great projects in a timely manner and make Buffalo a better city.”

“It was a controversial project. It is in a very noisy area. Sometimes the loudest voices seem to be the majority, but that is not always the case.”

Planning Board Chairman James Morrell said the process was followed by the board on this project, noting that all information was posted online, immediate neighbors were notified by mail when necessary, and the message spread more broadly community spread.

“This is an opportunity to speak out,” he said.

The Jemal-owned company is in the process of redeveloping a series of dilapidated buildings along Elmwood into a new mixed-use complex, with a five-story new building in the back to unite them. Construction is well underway on the project, which will include more than 45 apartments and new storefronts.

However, the switch from a wooden frame to a much more expensive concrete structure delayed construction by a year. And after it was finished, it was put on hold again more than two months ago after Jemal and his team realized they had made some mistakes in the window design and needed to make some other changes.

The planning authority's approval means work on the stalled project can resume almost immediately, although the start of winter means progress could be limited for two to three months.