356 Hertel Avenue, Buffalo NY
Instrucons and Insurance Requirements Document
Secon I: Applicant Background Informaon
Please answer all quesons. Use “None” or “Not Applicable” where necessary. Informaon in this applicaon may be subject to public review
under New York State Law.
Applicant Informaon - Company Receiving Benefit
Project Name
John Kam Malt House Adapve Re-Use
Project Summary
The project proposes to rehabilitate the John Kam Malt and Kiln House located in Buffalo's
historic Black Rock neighborhood. The mixed-use redevelopment of an exisng historic complex
will consist of 82 apartments, a self-storage facility, and 14,000 square feet of retail service-
oriented space. The design is sensive to the historic fabric of the exisng architecture. The
redeveloped project will have such amenies an on-site dog park, dog wash, pedestrian
gathering plaza, and permanent and visitor bike storage. The site design was prepared in
consideraon of the Buffalo Green Code (Unified Development Ordinance) and limitaons of
the City of Buffalo combined sewer systems and shall incorporate measures to migate storm
water runoff, including permeable pavement throughout the site.
Applicant Name
356 Hertel Ave, LLC
Applicant Address
295 Main Street
Applicant Address 2
#700
Applicant City
Buffalo
Applicant State
New York
Applicant Zip
14203
Phone
(716) 870-4878
Fax
(716) 805-7191
E-mail
lofasofr[email protected]
Website
www.siennarealty.net
NAICS Code
2362
Business Organizaon
Type of Business
Limited Liability Company
Year Established
2022
State
New York
Indicate if your business is 51% or more (Check all boxes that apply)
[No] Minority Owned
[No] Woman Owned
Indicate Minority and/or Woman Owned Business Cerficaon if applicable (Check all boxes that apply)
[No] NYS Cerfied
[No] Erie Country Cerfied
Individual Compleng Applicaon
Name
Ryan P. McCarthy, Esq.
Title
Aorney
Address
726 Main Street
Address 2
Suite B
City
EAST AURORA
State
New York
Zip
14052
Phone
(716) 427-6501
Fax
(716) 427-6501
E-Mail
rmccarth[email protected]
Company Contact - Authorized Signer for Applicant
Contact is same as
individual compleng
applicaon
No
Name
Fred Lofaso
Title
Member
Address
66 LeBrun Circle
Address 2
City
Amherst
State
New York
Zip
14226
Phone
(716) 870-4878
Fax
E-Mail
lofasofr[email protected]
Company Counsel
Name of
Aorney
Ryan P. McCarthy, Esq.
Firm Name
Hopkins Sorgi & McCarthy PLLC
Address
726 Main Street
Address 2
Suite B
City
East Aurora
State
New York
Zip
14052
Phone
(716) 445-9508
Fax
(716) 427-6501
E-Mail
rmccarth[email protected]
Benefits Requested (select all that apply)
Exempon from Sales Tax Yes
Exempon from Mortgage Tax No
Exempon from Real Property Tax No
Tax Exempt Financing* No
* (typically for not-for-profits & small qualified manufacturers)
Applicant Business Descripon
Describe in detail company background, history, products and customers. Descripon is crical in determining eligibility. Also list all
stockholders, members, or partners with % ownership greater than 20%.
The Applicant is a New York limited liability company owned by members Fred Lofaso (60%) and Angelo Tomasello (40%). Fred Lofaso is
President of Sienna Realty, a real estate development and brokerage firm headquartered in Buffalo, New York. Mr. Lofaso an experienced
commercial real estate developer with over 32 years of industry expirience. Mr. Lofaso's experience includes site selecon, assemblage,
land use and development, historical adapve reuse, historical tax credits, Brownfield site development, Brownfield tax credits, and retail
real estate development. Mr. LoFaso has been an acve parcipant in Buffalo's real estate renissance for his whole career, having
rehabilitated several other similar properes in the area. Angelo Tomasello joined Sovran/Life Storage in 1996 and served as an acquision
officer, overseeing over $200 million in acquisions prior to co-founding The Lock Group in July of 1998. For over twenty years, under
Angelo's leadership, Locke has been acve in sourcing acquision opportunies for Life Storage and has represented buyers and sellers in
over $3.5 billion in transacon volume. It also served as a strategic advisor and valuaon consultant on an addional $1.5 billion in self
storage acquisions. Locke Group LLC will be the storage facility operator partner.
Esmated % of sales within Erie County
100 %
Esmated % of sales outside Erie County but within New York State
0 %
Esmated % of sales outside New York State but within the U.S.
0 %
Esmated % of sales outside the U.S.
0 %
(*Percentage to equal 100%)
For your operaons, company and proposed project what percentage of your total annual supplies, raw materials and vendor services
are purchased from firms in Erie County?
85
Describe vendors within Erie County for major purchases
LeChase Construcon, Empire Demolion Services, Studio t3 Architecture, Pella Windows of WNY
Secon II: Eligibility Quesonnaire - Project Descripon & Details
Project Locaon
Address of Proposed Project Facility
356 Hertel Avenue, 42 Foundry
Town/City/Village of Project Site
Buffalo
School District of Project Site
Buffalo
Current Address (if different)
Current Town/City/Village of Project Site (if different)
SBL Number(s) for proposed Project
77.74-4-22; 77.74-4-21
What are the current real estate taxes on the proposed Project Site
$2,951.59
If amount of current taxes is not available, provide assessed value for each.
Land
$ 22,000
Building(s)
$ 565,000
If available include a copy of current tax receipt.
Are Real Property Taxes current at project locaon?
Yes
If no please explain
*The ECIDA has an unpaid tax policy and you will be required to cerfy all taxes and PILOTS are current.
Does the Applicant or any related enty currently hold fee tle or have an opon/contract to purchase the Project site?
Yes
If No, indicate name of present owner of the Project Site
Does Applicant or related enty have an opon/contract to purchase the Project site?
Yes
Describe the present use of the proposed Project site (vacant land, exisng building, etc.)
The project site consists of 2.99 acres which includes 356 Hertel Avenue and 42 Foundry Street. The exisng building was constructed for the
John Kam Malng Co., which occupied the site from 1901 unl 1916. It housed various industrial and commercial uses through the 1980s. It
has housed several small businesses in recent decades.The complex is currently underulized and is mostly vacant or used for storage.
Provide narrave and purpose of the proposed project (new build, renovaons) square footage of exisng and new construcon
contemplated and/or equipment purchases. Idenfy specific uses occurring within the project. Describe any and all tenants and any/all
end users: (This informaon is crical in determining project eligibility)
The John Kam Malt and Kiln House located in the Historic Black Rock secon of Buffalo is proposed to be a mix use redevelopment of an
exisng historic complex. The new development will consist of 82 apartments totalling 72,00 square feet of residenal space, a 30,000 square
foot self-storage facility, and 14,000 square feet of retail service-oriented space. The 82 apartments consist of 42 one-bedroom units with
rents ranging from $882-$1,505 per month, and 40 two-bedroom units with rents ranging from $1,336-$2,100 per month. More than 10% of
the units will have rents at or below 80% AMI to provide affordable/workforce housing that is desperately needed in the area. A 3,000 sq 
exterior addion is planned primarily for access and an elevator. The project is also ancipated to house 42 jobs providing needed
employment opportunies for the surrounding community. The overall design of the project will be sensive to the historic fabric of the
exisng architecture. A new access elevator shall be aached to the exterior of the exisng structure, along with new construcon for the self
storage poron of the project.The property is adjacent to the north spur of the Beltline and CSX railroad line. The redeveloped project will
have such amenies an on-site dog park, dog wash, pedestrian gathering plaza, and permanent and visitor bike storage. The site design was
prepared in consideraon of the Buffalo Green Code (Unified Development Ordinance) and limitaons of the City of Buffalo combined sewer
systems and will incorporate measures to migate storm water runoff, including permeable pavement throughout the site, as well as
environmentally conscious design features including energystar equipment and geothermal heang systems.
Municipality or Municipalies of current operaons
Buffalo, NY
Will the Proposed Project be located within a Municipality idenfied above?
Yes
Will the compleon of the Project result in the removal of an industrial or manufacturing plant of the project occupant from one area of
the state to another area of the state OR in the abandonment of one or more plants or facilies of the project occupant located within the
state?
No
If the Proposed Project is located in a different Municipality within New York State than that Municipality in which current operaons are
being undertaken, is it expected that any of the facilies in any other Municipality will be closed or be subject to reduced acvity?
No
(If yes, you will need to complete the Intermunicipal Move Determinaon secon of this applicaon)
Is the project reasonably necessary to prevent the project occupant from moving out of New York State?
No
If yes, please explain and idenfy out-of-state locaons invesgated, type of assistance offered and provide supporng documentaon
available
Have you contacted or been contacted by other Local, State and/or Federal Economic Development Agencies?
No
If yes, please indicate the Agency and nature of inquiry below
If the Project could be undertaken without Financial Assistance provided by the Agency, then provide a statement in the space provided
below indicang why the Project should be undertaken by the Agency:
Describe the reasons why the Agency’s financial assistance is necessary, and the effect the Project will have on the Applicant’s business or
operaons. Focus on compeveness issues, project shoralls, etc… Your eligibility determinaon will be based in part on your answer
(aach addional pages if necessary)
Financial assistance is necessary to make this historic reuse project economically feasible. Construciton costs have risen approximately 25% on
this project over the past year creang economic difficulty.
Please confirm by checking the box, below, if there is likelihood that the Project would not be undertaken but for the Financial Assistance
provided by the Agency
Yes
If the Applicant is unable to obtain Financial Assistance for the Project, what will be the impact on the Applicant and Erie County?
If financial assistance is unavailable and the project becomes economically unfeasible the project will not be completed, and the property will
remain underulized and will not contribute to the economic revitalizaon of the neighborhood and area.
Will project include leasing any equipment?
No
If yes, please describe equipment and lease terms.
Site Characteriscs
Is your project located near public transportaon?
Yes
If yes describe if site is accessible by either metro or bus line (provide route number for bus lines)
The project is located on Hertel, along the NFTA's #23 Fillmore-Hertel bus line. The property is also adjacent to the north spur of the
Beltline and CSX railroad line.
Has your local municipality and/or its planning board made a determinaon regarding the State Environmental Quality Review (SEQR)
for your project?
Yes
If YES indicate in the box below the date the SEQR determinaon was made. Also, please provide us with a copy of the approval
resoluon and the related Environmental Assessment Form (EAF) if applicable.
If NO indicate in the box below the date you ancipate receiving a SEQR determinaon for your project. Also, please insure that the
ECIDA has been listed as an "involved agency" on the related EAF submied to the appropriate municipality and/or planning
department.
11/30/-0001
Will the Project meet zoning/land use requirements at the proposed locaon?
Yes
Describe the present zoning/land use
The current zoning of the parcels under Buffalo's Unified Development Ordinance is D-IL Light Industrial. The current primary use is
warehouse space.
Describe required zoning/land use, if different
The proposed project is allowed without need for rezoning through an Adapve Reuse Permit from the City of Buffalo.
If a change in zoning/land use is required, please provide details/status of any request for change of zoning/land use requirements
Is the proposed Project located on a site where the known or potenal presence of contaminants is complicang the development/use
of the property?
Yes
If yes, please explain
The property is undergoing environmental remediaon to remove exisng contaminaon through the Brownfield Cleanup Program.
Has a Phase I Environmental Assessment been prepared, or will one be prepared with respect to the proposed Project Site?
Yes
If yes, please provide a copy.
Have any other studies, or assessments been undertaken with respect to the proposed Project Site that indicate the known or
suspected presence of contaminaon that would complicate the site's development?
Yes
If yes, please provide copies of the study.
If you are purchasing new machinery and equipment, does it provide demonstrable energy efficiency benefits?
Yes
If yes, describe the efficiencies achieved
The project is planned to include numerous energy efficiencies including on site stormwater retenon, a closed loop geothermal heang
system, and EnergyStar appliances and equipment throughout the project.
You may also aach addional informaon about the machinery and equipment at the end of the applicaon.
Does or will the company or project occupant perform research and development acvies on new products/services at the project
locaon?
No
If yes, include percentage of operang expenses aributed to R&D acvies and provide details.
Select Project Type for all end users at project site (you may check more than one)
For purposes of the following, the term “retail sales” means (i) sales by a registered vendor under Arcle 28 of the Tax Law of the State of
New York (the “Tax Law”) primarily engaged in the retail sale of tangible personal property (as defined in Secon 1101(b)(4)(i) of the Tax
Law), or (ii) sales of a service to customers who personally visit the Project.
Will customers personally visit the Project site for either of the following economic acvies? If yes with respect to either economic acvity
indicated below, you will need to complete the Retail secon of this applicaon.
Retail Sales Yes Services Yes
Please check any and all end uses as idenfied below.
No Acquision of Exisng Facility No Assisted Living No Back Office
No Civic Facility (not for profit) Yes Commercial No Equipment Purchase
No Facility for the Aging No Industrial No Life Care Facility (CCRC)
Yes Market Rate Housing Yes Mixed Use No Mul-Tenant
Yes Retail No Senior Housing No Manufacturing
No Renewable Energy Yes Other
Apartments
For proposed facility please include the square footage for each of the uses outlined below
If applicant is paying for FFE for tenants, include in cost breakdown.
Cost % of Total Cost
Manufacturing/Processing
square feet
$ 0 0%
Warehouse
square feet
$ 0 0%
Research & Development
square feet
$ 0 0%
Commercial
30,000
square feet
$ 1,796,800 8%
Retail
14,000
square feet
$ 2,246,000 10%
Office
square feet
$ 0 0%
Specify Other
72,000
square feet
$ 18,417,200 82%
If you are undertaking new construcon or renovaons, are you seeking LEED cerficaon from the US Green Building Council?
No
If you answered yes to queson above, what level of LEED cerficaon do you ancipate receiving? (Check applicable box)
<BLANK>
Provide esmate of addional construcon cost as a result of
LEED cerficaon you are seeking
< BLANK >
Will project result in significant ulity infrastructure cost or uses No
What is the esmated project metable (provide dates)
Start date : acquision of equipment or construcon of facilies
11/30/-0001
End date : Esmated compleon date of project
11/30/-0001
Project occupancy : esmated starng date of occupancy
11/30/-0001
Capital Project Plan / Budget
Esmated costs in connecon with Project
1.) Land and/or Building Acquision
$ 1,840,000 116,000 square feet 3 acres
2.) New Building Construcon
$ 0 square feet
3.) New Building addion(s)
$ 1,100,000 3,000 square feet
4.) Reconstrucon/Renovaon
$ 21,035,000 square feet
5.) Manufacturing Equipment
$ 0
6.) Infrastructure Work
$ 325,000
7.) Non-Manufacturing Equipment: (furniture, fixtures, etc.)
$ 1,102,500
8.) So Costs: (Legal, architect, engineering, etc.)
$ 4,720,000
9.) Other Cost
$ 1,945,300
Explain Other
Costs
Environmental Remediaon
Total Cost $ 32,067,800
Construcon Cost Breakdown:
Total Cost of Construcon $ 22,460,000 (sum of 2, 3, 4 and 6 in Project Informaon, above)
Cost of materials $ 11,230,000
% sourced in Erie County 95%
Sales and Use Tax:
Gross amount of costs for goods and services that are subject to
State and local sales and use tax- said amount to benefit from the
Agency's sales and use tax exempon benefit
$ 7,000,000
Esmated State and local Sales and Use Tax Benefit (product of
8.75% mulplied by the figure, above):
$ 612,500
** Note that the esmate provided above will be provided to the New York State Department of Taxaon and Finance. The Applicant
acknowledges that the transacon documents may include a covenant by the Applicant to undertake the total amount of investment as
proposed within this Applicaon, and that the esmate, above, represents the maximum amount of sales and use tax benefit that the Agency
may authorize with respect to this Applicaon. The Agency may ulize the esmate, above, as well as the proposed total Project Costs as
contained within this Applicaon, to determine the Financial Assistance that will be offered.
Project refinancing esmated amount, if applicable (for
refinancing of exisng debt only)
$ 0
Have any of the above costs been paid or incurred as of the date
of this Applicaon?
Yes
If Yes, describe parculars: Purchase of roofing materials and stone fill.
Sources of Funds for Project Costs:
Equity (excluding equity that is aributed to grants/tax credits): $
Bank Financing: $ 19,418,000
Tax Exempt Bond Issuance (if applicable): $ 0
Taxable Bond Issuance (if applicable): $ 0
Public Sources (Include sum total of all state and federal grants
and tax credits):
$ 13,615,838
Idenfy each state and federal grant/credit: (ie Historic Tax
Credit, New Market Tax Credit, Brownfield, Cleanup Program,
ESD, other public sources)
8,062,707 Historic Tax Credits 5,553,131 Brownfield Tax Credits
Total Sources of Funds for Project Costs: $33,033,838
Have you secured financing for the project? Yes
Mortgage Recording Tax Exempon Benefit:
Amount of mortgage, if any that would be subject to mortgage recording tax:
Mortgage Amount (include sum total of
construcon/permanent/bridge financing).
0
Lender Name, if Known
Esmated Mortgage Recording Tax Exempon Benefit (product of
mortgage amount as indicated above mulplied by 3/4 of 1%):
$0
Real Property Tax Benefit:
Idenfy and describe if the Project will ulize a real property
tax exempon benefit other than the Agency’s PILOT benefit
(485-a, 485-b, other):
485-A
IDA PILOT Benefit: Agency staff will indicate the esmated amount of PILOT Benefit based on esmated Project Costs as contained herein and
ancipated tax rates and assessed valuaon, including the annual PILOT Benefit abatement amount for each year of the PILOT benefit and the
sum total of PILOT Benefit abatement amount for the term of the PILOT as depicted in the PILOT worksheet in the addional document
secon.
Percentage of Project Costs financed from Public Sector sources: Agency staff will calculate the percentage of Project Costs financed from
Public Sector sources based upon the Sources of Funds for Project Costs as depicted above. The percentage of Project Costs financed from
public sector sources will be depicted in the PILOT worksheet in the addional document secon.
Is project necessary to expand project employment?
Yes
Is project necessary to retain exisng employment?
No
Will project include leasing any equipment?
No
If yes, please describe equipment and lease terms.
Employment Plan (Specific to the proposed project locaon)
The Labor Market Area consists of the following six counes: Erie, Niagara, Chautauqua, Caaraugus, Wyoming and Genessee.
By statute, Agency staff must project the number of FTE jobs that would be retained and created if the request for Financial Assistance is
granted. Agency staff will project such jobs over the TWO Year me period following Project compleon. Agency staff converts PT jobs into
FTE jobs by dividing the number of PT jobs by two (2).
Current # of jobs at
proposed project
locaon or to be
relocated at project
locaon
If financial assistance is
granted – project the
number of FT and PT
jobs to be retained
If financial assistance is
granted – project the
number of FT and PT
jobs to be created upon
24 months (2 years)
aer Project compleon
Esmate number of
residents of the Labor
Market Area in which
the project is located
that will fill the FT and
PT jobs to be created
upon 24 months (2
years) aer project
compleon **
Full me
0 0 42 42
Part me
0 0 0 0
Total
0 0 42
Salary and Fringe Benefits for Jobs to be Retained and Created
Category of Jobs to be
Retained and/or
Created
# of Employees
Retained and/or
Created
Average
Salary for Full
Time
Average Fringe
Benefits for Full
Time
Average Salary for
Part Time (if
applicable)
Average Fringe
Benefits for Part Time
(if applicable)
Management
7 $ 60,000 $ 15,000 $ 0 $ 0
Professional
4 $ 70,000 $ 17,500 $ 0 $ 0
Administrave
7 $ 45,000 $ 11,250 $ 0 $ 0
Producon
4 $ 45,000 $ 11,250 $ 0 $ 0
Independent Contractor
0 $ 0 $ 0 $ 0 $ 0
Other
20 $ 45,000 $ 11,250 $ 0 $ 0
** Note that the Agency may ulize the foregoing employment projecons, among other items, to determine the financial assistance
that will be offered by the Agency to the Applicant. The Applicant acknowledges that the transacon documents may include a covenant
by the Applicant to retain the number of jobs and create the number of jobs with respect to the Project as set forth in this Applicaon.
Yes
By checking this box, I cerfy that the above informaon concerning the current number of jobs at the proposed project
locaon or to be relocated to the proposed project locaon is true and correct.
Employment at other locaons in Erie County: (provide address and number of employees at each locaon):
Address
Full me
0 0 0
Part me
0 0 0
Total
0 0 0
Payroll Informaon
Annual Payroll at Proposed Project Site upon compleon
2,308,500
Esmated average annual salary of jobs to be retained (Full Time)
0
Esmated average annual salary of jobs to be retained (Part Time)
0
Esmated average annual salary of jobs to be created (Full Time)
55,000
Esmated average annual salary of jobs to be created (Part Time)
0
Esmated salary range of jobs to be created
From (Full Time)
45,000
To (Full Time)
75,000
From (Part Time)
0
To (Part Time)
0
Secon III: Environmental Quesonnaire
INSTRUCTIONS: Please complete the following quesonnaire as completely as possible. If you need addional space to fully answer any
queson, please aach addional page(s).
General Background Informaon
Address of Premises
356 Hertel Avenue and 42 Foundry Street, Buffalo NY 14207
Name and Address of Owner of Premises
Kam Cleanup LLC, 726 Main Street Suite B, East Aurora NY 14052
Describe the general features of the Premises (include terrain, locaon of wetlands, coastlines, rivers, streams, lakes, etc.)
The property consists primarily of an exisng warehouse and vacant land, locaed in a highly developed and aging residenal,
commercial and industrial area in the City of Buffalo. The premises contains no wetlands or bodies of water.
Describe the Premises (including the age and date of construcon of any improvements) and each of the operaons or processes
carried out on or intended to be carried on at the Premises
The building consists of a 120,000 square foot brick building constructed circa 1901 for the John Kam Malng Co. The property is
currently underulized and primarily used for storage space. The intended operaons include 82 apartments, a self storage facility,
14,000 square feet of retail service-oriented space, a dog park with dog wash and pedestrian gathering plaza with bike storage.
Describe all known former uses of the Premises
When constructed for the John Kam Malng Co., the structure included a malt house, a kilm house, water tempering, grain elevators
and tanks, and a warehouse. The structure was later used by the Black Rock Milling Corp. and Park & Pollard Co. for animal feed
producon into the 1950s. It was then used by Buffalo Insulaon Distributors and Mulglass Products Co. for their operaons from
1965 unl the late 1980s. It has been underulized over the past several decades, at various mes housing Xtreme Wheels Indoor
Skate Park, small office spaces and warehouse/storage space.
Does any person, firm or corporaon other than the owner occupy the Premises or any part of it?
No
If yes, please idenfy them and describe their use of the property
Have there been any spills, releases or unpermied discharges of petroleum, hazardous substances, chemicals or hazardous wastes
at or near the Premises?
Yes
If yes, describe and aach any incident reports and the results of any invesgaons
Following Phase II Environmental Invesgaon, environmental remediaon was completed as described in the aached BCP
Applicaon.
Has the Premises or any part of it ever been the subject of any enforcement acon by any federal, state or local government enty, or
does the preparer of this quesonnaire have knowledge of: a) any current federal, state or local enforcement acons; b) any areas of
non-compliance with any federal, state or local laws, ordinances, rules or regulaons associated with operaons over the past 12
months?
Yes
If yes, please state the results of the enforcement acon (consent order, penales, no acon, etc.) and describe the circumstances
There are three prior NYSDEC spill incidents recorded at the property. Petrolium impacted soil was discovered in a limited invesgaon
and remediated, NYSDEC Spill No. 0208304 was closed on January 29, 2003. Spill No. 0107011 involved approximately 50 five-gallon
containers dubed proximate to the railroad tracks and loading dock area. The spill was closed by NYSDEC on December 19, 2001. Spill
No. 0175394, related to Spill 0107011, involved dumped materials by the loading dock area of the property. This spill was closed by the
NYSDEC on April 25, 2002.
Has there been any filing of a noce of cizen suit, or a civil complaint or other administrave or criminal procedure involving the
Premises?
No
If yes, describe in full detail
Solid And Hazardous Wastes And Hazardous Substances
Does any acvity conducted or contemplated to be conducted at the premises generate, treat or dispose of any petroleum,
petroleum-related products, solid and hazardous wastes or hazardous substances?
No
If yes, provide the Premises' applicable EPA (or State) idenficaon number
Have any federal, state or local permits been issued to the Premises for the use, generaon and/or storage of solid and hazardous
wastes?
No
If yes, please provide copies of the permits.
Idenfy the transporter of any hazardous and/or solid wastes to or from the Premises
Petroleum-impacted soil was removed by Nature's Way under DEC Spill No. 0208304 in 2003.
Idenfy the solid and hazardous waste disposal or treatment facilies which have received wastes from the Premises for the past two
(2) years
None.
Does or is it contemplated that there will occur at the Premises any accumulaon or storage of any hazardous wastes on-site for
disposal for longer than 90 days?
No
If yes, please idenfy the substance, the quanty and describe how it is stored
Discharge Into Waterbodies
Briefly describe any current or contemplated industrial process discharges (including the approximate volume, source, type and
number of discharge points). Please provide copies of all permits for such discharges
None.
Idenfy all sources of discharges of water, including discharges of waste water, process water, contact or noncontact cooling water,
and stormwater. Aach all permits relang to the same. Also idenfy any sepc tanks on site
All wastewater will be returned to the City of Buffalo sewer system and the project has been designed to take into account the City
system's limitaons. Sytems will be put in place to retain all stormwater runoff on site. There will be no sepc tanks on site.
Is any waste discharged into or near surface water or groundwaters?
No
If yes, please describe in detail the discharge including not only the receiving water's classificaon, but a descripon of the type and
quanty of the waste
Air Polluon
Are there or is it contemplated that there will be any air emission sources that emit contaminants from the Premises?
Yes
If yes, describe each such source, including whether it is a staonary combuson installaon, process source, exhaust or venlaon
system, incinerator or other source
Standard HVAC and appliances servicing the property, which will be high effeciency/EnergyStar, will be the only sources of air
contaminaon.
Are any of the air emission sources permied?
No
If yes, aach a copy of each permit.
Storage Tanks
List and describe all above and under ground storage tanks at the Premises used to store petroleum or gasoline products, or other
chemicals or wastes, including the contents and capacity of each tank. Please also provide copies of any registraons/permits for the
tanks
A 4,000 gallon underground storage tank which had been installed in 1969 and filled in 1986 was idenfied in the Phase I
Environmental and was later removed and 460 tons of affected soil excavated as idenfied in the aached documents.
Have there been any leaks, spills, releases or other discharges (including loss of inventory) associated with any of these tanks?
Yes
If yes, please provide all details regarding the event, including the response taken, all analycal results or reports developed through
invesgaon (whether internal or external), and the agencies which were involved
Nature's Way removed the 4,000 gallon UST on December 2002 and excavated approimately 460 tons of impacted soil which was
disposed of at Modern Landfill in Model City, New York. The spill was closed by NYSDEC on January 29, 2003.
Polychlorinated Biphenyls ("PCB" or "PCBs") And Asbestos
Provide any records in your possession or known to you to exist concerning any on-site PCBs or PCB equipment, whether used or
stored, and whether produced as a byproduct of the manufacturing process or otherwise.
Have there been any PCB spills, discharges or other accidents at the Premises?
Yes
If yes, relate all the circumstances
The Phase II Environmental idenfied subsurface soil samples from within the building footprint which contained PAHs and PCBs above
method detecon limits, but the concentraons did not exceed USCOS.
Do the Premises have any asbestos containing materials?
Yes
If yes, please idenfy the materials
Exisng roofing, flashing and flooring materials.
Secon IV: Facility Type - Single or Mul Tenant
Is this a Single Use Facility or a Mul-Tenant Facility?
Mul-Tenant Facility
Mul-Tenant Facility (to be filled out by developer)
Please explain what market condions support the construcon of this mul-tenant facility
The demand for updated housing at a prices is high, parcularly with current changes in the real estate market and interest rates
facilitang a need for addional rental opons for tenants. Making this project mixed use allows the project to provide needed services
and job opportunies to the underserved surrounding community.
Have any tenant leases been entered into for this project?
No
If yes, please list below and provide square footage (and percent of total square footage) to be leased to tenant and NAICS Code for tenant
and nature of business
Tenant Name
Current Address (city, state,
zip)
# of sq  and % of total to be
occupied at new projet site
SIC or NAICS-also briefly describe type
of business, products services, % of
sales in Erie Co.
*fill out table for each tenant and known future tenants
Secon VI: Retail Determinaon
To ensure compliance with Secon 862 of the New York General Municipal Law, the Agency requires addional informaon if the proposed
Project is one where customers personally visit the Project site to undertake either a retail sale transacon or to purchase services.
Please answer the following:
Will any poron of the project (including that poron of the costs to be financed from equity or other sources) consist of facilies or
property that are or will be primarily used in making sales of goods or services to customers who personally visit the project site?
Yes
If yes, complete the Retail Quesonnaire Supplement below. If no, proceed to the next secon.
What percentage of the cost of the project will be expended on such facilies or property primarily used in making sales of goods or
services to customers who personally visit the project?
18 %
If the answer to this is less than 33% do not complete the remainder of the page, proceed to the next secon.
If the answer to A is Yes AND the answer to Queson B is greater than 33.33%, indicate which of the following quesons below apply to the
project:
Will the project be operated by a not-for-profit corporaon?
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Is the project locaon or facility likely to aract a significant number of visitors from outside the economic development region
(Erie,Niagara, Allegheny, Chautauqua and Caaraugus counes) in which the project will be located?
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If yes, please provide a third party market analysis or other documentaon supporng your response.
Is the predominant purpose of the project to make available goods or services which would not, but for the project, be reasonably
accessible to the residents of the municipality? Are services provided at the proposed project site needed because of a lack of
reasonably accessible retail trade facilies offering such goods or services?
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If yes, please provide a market analysis supporng your response.
Will the project preserve permanent, private sector jobs or increase the overall number of permanent private sector jobs in the State
of New York?
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If yes, explain
Is the project located in a Highly Distressed Area?
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Secon VII: Adapve Reuse Projects
Adapve Reuse is the process of adapng old structures or sites for new purposes.
Are you applying for tax incenves under the Adapve Reuse Program?
Yes
What is the age of the structure (in years)? 121
Has the structure been vacant or underulized for a minimum of 3 years? (Underulized is defined as a minimum of 50% of the
rentable square footage of the structure being ulized for a use for which the structure was not designed or intended)
Yes
If vacant, number of years vacant.
0
If underulized, number of years underulized.
40
Describe the use of the building during the me it has been underulized:
Various small industrial and commercial uses, primarily vacant or used for storage.
Is the structure currently generang insignificant income? (Insignificant income is defined as income that is 50% or less than the
market rate income average for that property class)
Yes
If yes, please provide dollar amount of income being generated, if any
$2,000 per month
If apartments are planned in the facility, please indicate the following:
Number of Units Sq. Ft. Range Low to High Rent Range Low to High
1 Bedroom
42 464 - 1,019 $882 - $1,505
2 Bedroom
40 731 - 1,252 $1,336 - $2,100
3 Bedroom
- $ - $
Other
- $ - $
Does the site have historical significance?
Yes
If yes, please indicate historical designaon
The John Kam Company Malt House & Kiln House at 356 Hertel Avenue is listed on the Naonal Register of Historic Places as of June
28, 2021.
Are you applying for either State/Federal Historical Tax Credit Programs?
Yes
If yes, provide esmated value of tax credits
$8,062,707
Briefly summarize the financial obstacles to development that this project faces without ECIDA or other public assistance. Please
provide the ECIDA with documentaon to support the financial obstacles to development (you will be asked to provide cash flow
projecons documenng costs, expenses and revenues with and without IDA and other tax credits included indicang below average
return on investment rates compared to regional industry averages)
The structure presents significant costs associated with historic reuse, including bringing a large, underulized and undermaintained
century old building into code compliance and remidiang exisng issues at the property while complying with historic preservaon
requirements.
Briefly summarize the demonstrated support that you intend to receive from local government enes. Please provide ECIDA with
documentaon of this support in the form of signed leers from these enes
The property has been idenfied as a valuable historic asset worth preserving as demonstrated by its addion to the Naonal Register
of Historic Places as well as inclusion on the New York State Register of Historic Places. The City of Buffalo Planning Board has also
demonstrated enthusiasm for the project which would provide needed investment in an economically disadvantaged area and has
appproved the site for Adapve Reuse.
Indicate other factors that you would like the Agency to consider such as: structure or site presents significant public safety hazard
and or environmental remediaon costs, structure presents significant costs associated with building code compliance
The structure presents significant costs associated with historic reuse, including bringing a large, underulized and undermaintained
century old building into code compliance and remidiang exisng issues at the property while complying with historic preservaon
requirements.
Indicate census tract of project locaon
5,600
Indicate how project will eliminate slum and blight
The project will rehabilitate a large, underulized and undermaintained historic property and become a new mixed-use residenal hub
in a neighborhood where investment and redevelopment are desperately needed to smulate growth and opportunity for residents
and the surrounding community.
If project will be constructed to LEED standards indicate renewable resources ulized
Secon VIII: Inter-Municipal Move Determinaon
The Agency is required by state law to make a determinaon that, if compleon of a Project benefing from Agency Financial Assistance
results in the removal of an industrial or manufacturing plant of the project occupant from one area of the state to another area of the
state or in the abandonment of one or more plants or facilies of the project occupant located within the state, Agency financial Assistance
is required to prevent the project occupant from relocang out of the state, or is reasonably necessary to preserve the project occupant's
compeve posion in its respecve industry.
Current Address
356 Hertel Avenue
City/Town
Buffalo
State
New York
Zip Code
14207
Will the project result in the removal of an industrial or manufacturing plant of the Project occupant from one area of the state to
another area of the state?
No
Will the project result in the abandonment of one or more plants or facilies of the Project occupant located within the state?
No
If Yes to either queson, explain how, notwithstanding the aforemenoned closing or acvity reducon, the Agency's Financial
Assistance is required to prevent the Project from relocang out of the State, or is reasonably necessary to preserve the Project
occupant's compeve posion in its respecve industry:
Does this project involve relocaon or consolidaon of a project occupant from another municipality?
Within New York State
No
Within Erie County
No
If Yes to either queson, please, explain
Will the project result in a relocaon of an exisng business operaon from the City of Buffalo?
No
If yes, please explain the factors which require the project occupant to relocate out of the City of Buffalo (For example, present site is
not large enough, or owner will not renew leases etc.)
What are some of the key requirements the project occupant is looking for in a new site? (For example, minimum sq. ., 12 foot
ceilings, truck loading docs etc.)
If the project occupant is currently located in Erie County and will be moving to a different municipality within Erie County, has the
project occupant aempted to find a suitable locaon within the municipality in which it is currently located?
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What factors have lead the project occupant to consider remaining or locang in Erie County?
If the current facility is to be abandoned, what is going to happen to the current facility that project occupant is located in?
Please provide a list of properes considered, and the reason they were not adequate. (Some examples include: site not large
enough, layout was not appropriate, did not have adequate ulity service, etc.) Please include full address for locaons.
Secon IX: Senior Housing
IDA tax incenves may be granted to projects under the Agency’s Senior Cizen Rental Housing policy when the project consists of a mul-
family housing structure where at least 90% of the units are (or are intended to be) rented to and occupied by a person who is 60 years of
age or older.
Are you applying for tax incenves under the Senior Rental Housing policy?
No
Secon X: Tax Exempt Bonds
In order to receive the benefits of a tax-exempt interest rate bond, private borrowers and their projects must be eligible under one of the
federally recognized private acve bond categories (Fed Internal Rev Code IRC secons 142-144, and 1394).
Are you applying for tax exempt bonds / refinancing of bonds related to a residenal rental facility project?