Lead agent announced for Athenex project review
A new lead agent for the Athenex project is on the horizon.
The town of Dunkirk received a “Notice of Lead Agency Status for Athenex” from the New York State Urban Development Corporation, requesting permission to become lead agent for the environmental review portion of the project.
“More power to them. That’s one less thing we’d have to do,” said Dunkirk Town Supervisor Richard Purol.
Purol requested permission from the town board at its March meeting to sign the official documents that would sign over lead agency designation to NYSUDC. According to Purol, town attorney Jeff Passafaro looked over the documents and didn’t see anything wrong with making this decision, as long as the rest of the board approved.
“What are we giving up though? I don’t trust New York state government further than I can throw them,” said town Councilman Jay Bishop.
Purol said that all it means is that NYSUDC will be in charge of the project; however, they still have to respect the town’s rules and regulations. However, if the town board is uncomfortable with the idea, it can deny the request. But if they don’t say anything within 30 days, the agency will come in anyway and take over.
“‘Within 30 days from mailing this notification, if there are no comments, it will be assumed that your agency has no objection’ with them being lead agent,” Purol read off of the lead agent notification.
“I wonder why they’re offering to do this, because it’s never come before this board before, as far as the lead agency, so why would they all of a sudden do they want to be involved with this?” asked Councilmember Robert Penharlow.
Purol stated it was possibly in the hopes that a new lead agent would speed things up, as the project is currently at a stand-still while waiting for Athenex to decide what it wants to do regarding the plot of land the project is scheduled to be built on.
The land is currently zoned as two zones — residential and industrial. Purol says Athenex has two options: apply for a zoning variance, or petition the town board to make it all one district.
“I don’t think it’s a big deal; it’s just that they haven’t done either one of them. It’s kind of up in their court right now,” Purol said.
Bishop inquired as to whether or not the “lead agency” status just covered New York’s State Environmental Quality Review Act (SEQR), or if there was anything else NYSUDC would be in charge of.
“They’re still going to have to get us a variance and they’re still going to have to show us a site plan. That’s when you go through the SEQR process, and go through the whole thing, and hopefully you won’t find anything that won’t stop that project from happening,” clarified Purol. “…Every time you turn around, there’s something else holding them up.
“Being lead agent means that you’re in charge of it. All of the information will go to them. But by that, then they have to come to us to secure whatever they need. It’s a state project, for all practical purposes. I’m just surprised the state would come in and say, ‘This is what we’re going to do, and you’re just going to say okay,'” Purol said.
“I just get nervous,” Bishop said. “People take over things … and I don’t want to see the town of Dunkirk get subjugated to a lesser and lesser role in this and anything to do with the project, so I just want to make sure this is the right thing.”
The board voted on whether or not to go ahead with this designation, and despite the voiced concerns, the motion passed unanimously.
“If it enhances our community, then by all means let them be lead agents and let them to do what they have to do to bring jobs here,” said Councilmember Juan Pagan. “I’m all for granting the lead agent status.”






