OBSERVER Photo by Nicole Gugino Erie Land Development’s Bill Gugino (standing) testifies at a Dunkirk Zoning Board of Appeals meeting Tuesday on the proposed Battery Point Villas.

Battery Point, east of Wright Park along Lake Erie, may hold fond memories for some, but has sat largely undeveloped. That will change soon as the zoning board has put its stamp of approval on a project for 94 upscale apartments.

The property at 468 Lake Shore Drive East, commonly known as Battery Point, is owned by Robert E. Notaro, but Erie Land Development LLC, headed up by Bill Gugino and Mark Baerwaldt, is in the process of purchasing the property in order to build market-rate apartments, condos and single-family housing in three phases.

For the first phase, Gugino and Baerwaldt attended Tuesday’s zoning board of appeals meeting for a hearing on a use variance. The developers are proposing 12 eight-unit apartments along with garages, a club house, pool and a retail store depending on demand and market research.

“Nothing in these units would be subsidized. It will be market rate and something new for the area in terms of apartments. … Most of the buildings would consist of … seven two-bedroom units and there would be a mechanical room, so that creates that one-bedroom unit. … We haven’t finalized our rent, but it would be at least in the $1,000 range a month. … We found a need and a future need for (housing options). Obviously, we know the Athenex project is going in across the street and that will bring a lot of jobs into the area with a lot of different housing needs. That’s why the rent may seem like it’s high, but when we look at other new apartments in other areas, it’s not high at all, it’s very much in the state of what people are used to paying or more actually,” Gugino explained, adding these apartments will appeal to millennials who don’t want to buy and empty nesters or retired people looking for less responsibility.

The Chautauqua County Planning Department ruled the decision a local one, but also noted the wetlands present on the property, recommending permitting through the Department of Environmental Conservation.

They weren’t the only ones with concerns, several residents questioned how drainage issues in the area will be handled.

“If you come down (to Otter Street) on a rainy day, there’s a flood. The whole street is covered from the grass to the grass on the other side of the street; it just builds up. So if you’re going to cover that land with 11 units and there’s nowhere for that water to go, it’s going to be an even bigger mess,” resident John Mackowiak said.

Other residents brought up concerns of strain on the sewer system, fencing, traffic and lighting.

However, some also spoke in favor of the development.

“I am tired of the city going backwards not forwards. We need to start somewhere,” an Otter Street resident said.

County Legislator and Lake Shore Drive resident Bob Bankoski also voiced his support.

Development Director Rebecca Yanus said this is important as business development like Athenex brings more people to the Dunkirk area.

“A great community is built on a number of different housing choices,” she explained. “The city has a lot of older housing stock and it is time for new (options).”

After hearing testimony and nearly an hour of deliberation on this and two other applications, the zoning board unanimously approved the project with several stipulations including provisions for a DEC decision on the wetlands, city Department of Public Works approval on drainage and sewer plans, lighting and an entrance and exit exclusively on Lake Shore Drive.

After the decision, Gugino said he was excited and thanked the city for working with him. He added they plan to begin construction this year.