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Developers press ahead on 53,000 sq ft tire facility as wetland rules change
Summary
A proposal to merge three parcels and build a 53,000-square-foot tire storage and service building at 3419 Broadway raised questions after state wetlands rules (Part 664) were recently nullified; the applicant proposes mitigation through a stormwater pond and plans to leave a larger mapped wetland undisturbed.
The Environmental Advisory Committee reviewed a proposal to merge three parcels into a single lot for a 53,000‑square‑foot commercial tire storage and servicing facility at 3419 Broadway on April 29.
The applicant told the committee that a set of state wetland regulations known as Part 664—put into play by legislation in January 2025—was recently nullified. As a result, small mapped wetland features on the site (described by the applicant as about 0.03 and 0.13 acres) would not be recognized under the current regulatory posture unless the state requests a stay within the statutory period. The project team asked whether the committee had objections to proceeding with environmental review while the regulatory window remains open.
Why it matters: the site contains small, vegetated mounds and a larger wetland area the applicant proposes to leave undisturbed; if wetlands remain unrecognized under current rules, the applicant argues minimal regulatory impediment, but the committee noted the statutory stay window and potential state agency actions that could alter permitting requirements.
Mitigation approach: the project team presented site drawings showing three mapped wetland features and proposed to incorporate wetland plantings into a stormwater pond to offset disturbance to the two smaller features while leaving a larger wetland intact. They said wetland one is about 0.13 acre, wetland two about 0.03 acre, and wetland three would not be impacted.
Infrastructure and timing: the team also discussed coordination with Erie County and Buffalo engineering on sewer extension and the option of installing a grinder pump to route sewer flow north to Broadway to avoid disturbing wetland three. Committee members asked about sequencing, whether the wetland delineation report was prepared under the older Part 664 rules, and how a state stay (available for four weeks after nullification) would affect permitting decisions.
Next steps: the project remains under review by the planning board and the committee; staff said the team should provide updated delineation timing and clarify how a potential state stay would affect mitigation and permit sequencing. The EAC did not approve a final action at the meeting and asked the applicant to return with requested clarifications.
Ending: the committee left the item active pending an updated wetland delineation and coordination with county sewer engineers and planning board scheduling.
