Fitzak seeks to develop ‘mini marina’ along Erie Canal in Albion

Site currently bottle redemption center with fuel; Legislator wants to add RV parking, launch for canoes/kayaks

Photos by Tom Rivers: This photo looking across the Erie Canal shows docks at 255 East Bank St. in Albion. John Fitzak has operated the Albion Redemption Center there for many years. The entrance was facing Bank Street but recently moved to the east side of the business. Fitzak has added a fuel service for boaters, the only site between Rochester and North Tonawanda.

ALBION – An Albion business owner is seeking to turn land along the Erie Canal on East Bank Street into a “mini marina.”

John Fitzak has operated the Albion Redemption Center at 255 East Bank St. for many years. He has recently upgraded that bottle redemption business, and has added fuel and a dock for boaters.

Fitzak, an Orleans County legislator, also has acquired adjoining properties and wants to expand the business to allow RV parking, and a boat launch for kayaks and canoes.

But Fitzak needs clarity and direction from the village about what is allowed at the property, which is zoned for general commercial and is currently mostly undeveloped.

The village code in one spot says no RVs should be parked on private property, but another section allows for up to two of them on a lot.

John Fitzak, an Albion business owner and a county legislator, addresses the Village of Albion Zoning Board of Appeals last week. Craig Tuohey, the chairman, is at right with Tony Wynn next to him at left. The ZBA is seeking a legal interpretation of the codes before making a decision. It also said the Village Board may need to clearly define the goals for the property in the village’s comprehensive plan.

Fitzak owns five lots along East Bank and East State. He is proposing to have RVs on three of the lots. He is asking the village for a variance from the maximum of six RVs, based on the max of 2 per lot. He wants to have eight on the property.

They would just be allowed to park there overnight. They wouldn’t have access to other services, except possibly WiFi. Fitzak would steer them to other businesses for food and services. If they wanted to use a bathroom or shower, they would be directed to the facilities at the Albion Visitors Center at the back of 121 North Main Street.

Fitzak met with the Zoning Board of Appeals last week, and that board didn’t take action, wanting to hear an interpretation of the village code from village attorney John Gavenda.

Fitzak then attended Wednesday’s Village Board meeting to state there are discrepancies in the code that are clouding what he can do with the property.

“Do you want progress and to see this place grow?” Fitzak asked the Village Board members. “I certainly do.”

He worries the project could face be mired in delays due to the uncertainties with the code and no determination yet on what is allowed.

“You need to update the codes if you want development and to see this town prosper,” Fitzak said.

Village Board members said they would see Gavenda’s opinion on the code. The village also has a new challenge with the ZBA in needing to fill vacancies among the board.

Craig Tuohey, the ZBA chairman, has stepped down from that board since the meeting on Nov. 3. Another member, Tony Wynn, is resigning on Dec. 31.

The 5-member board only had three members at its meeting last week and it may struggle to have a quorum to function. The Village Board said it will seek more members. They are paid $40 a meeting. The board meets as needed.

Chris Kinter, the village code enforcement officer, told the Village Board the code doesn’t allow a campground in the village.

Fitzak said it wouldn’t be a campground. There wouldn’t be water, sewer or electric services available. His property would just be a hosting site where people could park an RV.

He wouldn’t be offering permanent sites. “They’re in and out,” he said.

John Fitzak will have the “Mayfair Marina” ready for the next canal season, offering fuel and other limited services. He said the site will be a “mini marina.”

Fitzak also is seeking the ZBA permission to move three trailers that he uses for storage from one side of his property to the other side, farther east. The village code doesn’t allow those trailers, unless they are grandfathered in.

Fitzak has been allowed to keep them on site because the code was updated after he had them. The issue with moving them is they would go from one lot to another.

Craig Tuohey, the ZBA chairman, said the intent of allowing something to be grandfathered in that is out of compliance is to eventually rectify the situation.

Fitzak said he would like to eventually replace the trailers with a pole barn but first wants to see how the expanded business venture goes. He uses two of the trailers for the bottle redemption business and would use the other to store canoes, kayaks and other equipment.

“I’m not asking to do anything crazy,” Fitzak told the ZBA members last week. “This could be a catalyst for the downtown.”

He said he has other goals for the property, including allowing storage of boats over the winter. Fitzak said he would like to be allowed to have up to 20 boats on site for storage in the off season.

He also thinks his East Bank road frontage could turned into a board walk environment, with temporary structures for other small businesses.

Kinter said that although the property is in a commercial district, it’s also in a residential neighborhood and there could be impacts on the local residents.

Village board members, including Deputy Mayor William Gabalski, on Wednesday praised Fitzak for his investment in the properties and for a vision for the site.

“I love the idea,” Gabalski said. “We just want to make sure it’s done right.”

Fitzak said he awaits direction from the village on how to proceed.

“I’m willing to go through all the hoops I have to go through,” he said.