On September 13, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Brighton Grassroots, Llc,
and
2717 Monroe Avenue, Llc,
2799 Monroe Avenue, Llc,
2815 Monroe Retail Llc,
2835 Monroe Holdings Llc,
2875 Monroe Clover, Llc,
Abc Corporations 1-20,
Atlantic Hotel Group, Inc.,
Cloverpark Limited Partnership,
Daniele Management, Llc
Collectively Doing Business As Daniele Family Companies,
Daniele Spc, Llc,
John Does 1- 20,
Mamasan'S Monroe, Llc,
Mardanth Enterprises, Inc.,
M&F, Llc,
Monroe Office Suites, Lcc,
Mucca Mucca Llc,
New York State Department Of Transportation,
Nms Allens Creek, Inc.,
Plum Garden 66, Inc.,
Qing Kai Sun,
Rochester Gas & Electric Corporation,
The First Baptist Church Of Rochester,
Town Of Brighton,
Town Of Brighton Planning Board,
Town Of Brighton Town Board,
for Special Proceedings - CPLR Article 78
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM INDEX NO. E2018007330
NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019
MONROE COUNTY CLERK'S OFFICE THIS IS NOT A BILL. THIS
Receipt # 2157340
Book Page CIVIL
Return To: No. Pages: 8
BRIDGET ANN O'TOOLE
I=.-±rent: MISCELLANEOUS D
Control #: 201907311652
Index #: E2018007330
Date: 07/31/2019
Brighton Grassroots, LLC Time: 5:18:05 PM
DANIELE MANAGEMENT, LLC
Town of Brighton Planning Board
TOWN OF BRIGHTON TOWN BOARD
Town of Brighton
M&F, LLC
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK'S OFFICE
WARNING - THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
201907311652 Index #
INDEX : E2018007330
NO. E2018007330
FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM
NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019
EXHIBIT S
201907311652 Index#:E2018007330
INDEX NO. E2018007330
FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM
NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019
-54-
25. The number of seats for the restaurant on Lots C and D must comply
with the number of parking spaces provided onsite or a variance from
the Zoning Board of Appeals must be obtained.
26. Pursuant to Section 205-18 of the Comprehensive Development
Regulations the setback requirements for parking, paved area or aisles
is granted for implementation of the cross access easements and access
· management plan.
27. All new accessible parking space signage to be installed or replaced
shall have the logo depicting a dynamic character leaning forward with
a sense of movement as required by Secretary of State pursuant to
section one hundred of the Executive Law.
28. All conditions and requirements of the Town Board incentive zoning
approval for thisproject shall be satisfied.
. 29. The plan as revised shows the privacy vents being installed along the
southern boundary of the project.
MR. WENTWORTH: Second.
_ .
UPON ItOLL CALL VOTE MOTION UNANIMOUSLY CARRIED
6P-NB1-18 Application of Daniel Family Companies, applicant, for
Preliminary Site Plan Approval to construct a five building retail plaza
totaling 83,700 sf,which includes a 50,000 sf Whole Food Store and a
2,000 sf drive-thru coffee shop on properties located at 2740 Monroe
Avenue 2750 Monroe Avenue, 2800 Monroe Avenue , a portion of 175
Allen Creek Road and a portion of 2259 Clover Street. All as described
. . on application and plans on file.TABLED AT THE AUGUST 15, 2018
MEET1NG PUBLIC HEARING REMAINS OPEN.
9P-06-18 Application of Daniel Family Companies (Daniele SPC,LLC)
owner for Final Site Plan Approval to construct a five building retailplaza
totaling 83,700 sf, which includes a 50,000 sf Whole Foods Store and a
2,000 sf drive thru coffee shop on properties located at 2740 Monroe
PB Record 024483
201907311652 Index#:E2018007330
INDEX NO. E2018007330
FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM
NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019
-55-
Avenue, 2750 Mþnroe Avenue, 2800 Monroe Avenue, a portion of 175
Allens Creek Roád and a portion of 2259 Clover Street. All as described
on application and plans on file.
MR. OSOWSKI: I move to close the
public hearing.
MR. BABCOCK STINER: Second.
UPON ROLL CALL VOTE MOTION UNANIMOUSLY CARRIED
MR. CHAIRMAN:
DETERMINATION OF SIGNIFICANCE
I move that the application for site plan approval are consistent with the
Findings Statement adopted by the Planning Board on August 15, 2018.
I move the Plañniñg Board approves the application based on the
testimony given, plans submitted and with the following conditions,
1. An Operational Permit shall be obtained from the Town of Brighton's
Fire Marshal (Chris Roth 585-784-5220)
2. All buildings shall comply with the most current Building and Fire
Codes of New York State.
3. Prior to issuañce of any building permits, allplans for utilityand
stormwater control systems must be reviewed and have been given
approval by appropriate authorities. Prior to any occupancy, work
proposed on the approved plans shall have been completed to a degree
satisfactory to the appropriate authorities.
4. Meet all requirements of the Town of Brighton's Department of Public
Works.
5. All Town codes shall be met that relate directly or indirectly to the
applicant's request.
PB Record 024484
201907311652 Index
INDEX #:
NO.E2018007330
E2018007330
FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM
NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019
-56-
6. The project and itsconstruction entrance shall meet the New York
State Standards and Specifications for Erosion and Sediment Control.
7. The contractor shall designate a member of his or her firm to be
responsible to monitor erosion control, erosion control structures, tree
protection and preservation throughout construction.
8. All trees to be saved shall be protected with orange construction
fencing placed at the drip line or a distance greater than the drip line.
Trees shall be pruned, watered and fertilized prior to , during and after
construction. Materials and equipment storage shall not be allowed in
fenced areas.
9. Maintenance of landscape plantings shall be guaranteed for three
years.
10. Any contractor or individual involved in the planting rnaintenance or
rernoval of tress shall comply with the requirements of the Town's
Excavation and (Chapter 66). Trees (Chapter 175) and other.
Clearing
pertinent regúlations and shall be registered and shall carry insurance
as required by Chapter 175 of the Comprehensive Development
'
Regulations.
11. Dumpsters shall be enclosed with building materials.that are
compatible with the existing building and located in the rear yard. The
enclosure shall equal the height of the dumpster,
12. The parking lot shall be striped be inplace prior to issuance of a
building permit.
13. All outstanding Site Plan comments and concerns of the Town
Engineer and Fire Marshal shall be addressed.
14. All outstandliig Site Plan commeñts and concerns of the Town
Engineer regarding soil erosion, storm water control, water system and
sanitary sewer design shall be addressed prior to final approval.
15. Fire hydrants shall be fully operational prior to and during construction
of the building.
PB Record 024485
201907311652 Index
INDEX #:
NO.E2018007330
E2018007330
FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM
NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019
-57-
16. All other reviewing agencies must issue their approval prior to the
Department of Public Works issuing itsfinal approval.
17. A letter of credit shall be provided to cover certain aspects of the
project. Including, but not limited to demolition, landscaping ,
stormwater mitigation and infrastructure and erosion coñtrol. The
applicant's engiñeer shall prepare an itemized estimate of the scope of
the project as a basis for the letterof credit.
18. The proposed building shall be sprinklered in accordance with Town
requirements.
19. Erosion control measures shall be in place prior to sitedisturbance.
20. The applicant shall review the siteplan, elevations and floor pins to
ensure that the areas and dimensions provided on those plans agree .
with one another. Elevation drawings showing the height of the
structure in relationship to proposed grade as shown on the approyed
site plan shall be submitted. Any change to plans shall be reviewed by
the Building and Planning Department and may require Planning
Board approval.
. 21. The location of any proposed gêñcrators shall be shown on the site
plan. All requirements of the Comprehensive Development
Regulations shall be niet or a variance shall be obtained from the
Zoning Board of Appeals.
. 22. The location of the HVAC shall be shown on the siteplan.
23. All comments and concerns of the Town Engineer as contained in the ·
attached memo dated September 16,2018 from Michael Guyon, Town
Engineer, to Ramsey Boehner shall be addressed.
24. The proposed building and siteplan must comply with the New York
. StateFire Code. The Town of Brighton Fire Marshal must review the
fire apparatuå access and firehydrant locations. The Fire Apparatus
Access and F'ireHydrant Worksheet must be completed and submitted
to the Town of Brighton for review.
PB Record 024486
201907311652 Index
INDEX #:
NO.E2018007330
E2018007330
FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM
NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019
-58-
25. A letter or memo in response to allPlanning Board and Town
Engneer comments and conditions shall be submitted.
26. All new accessible parking space signage to be installed or replaced
shall have the logo depicting a dynamic character leaning forward with
a sense of movement as required by Secretary of State pursuant to
section one hundred of the Executive Law
27. All conditions and requirements of the Town Board incentive zoning
approval for this project shall be satisfied.
28. The Applicant shall provide and file cross access and cross parking
easements between proposed Lot 1 and Lot 2. A copy of any filed
easements shall be submitted to the Building and Planning Department
for itsrecords..
29. The plans must demonstrate how the public pedestrian walkway will
be maintained during demolition and construction.
30. All mitigation measures must be satisfied.
31. The engineer of record must verify that the Whole Foods building has
adequate Fire access. ..
32. The plans must be revised to address how the public pedestrian
walkway will be maintained during demolition and construction.
33. Details of the bus shelter shall be submitted . Confirmation must be
submitted that RTS will continue to serve the proposed bus shelter.
34. The site plan shall show all trees to be removed.
35. The proposed generator shall meet all requirements of the Town Code
or Planning Board approval shall be obtained. Section 207-14.4 of the
Comprehensive Development regulations shall be addressed.
36. The lighting plan shall use LED light fixtures or the latest generation
of energy efficient fixtures into the project. All lighting shall meet dark
sky requiremtñts. The color temperature of the light shall be 3000K.
PB Record 024487
201907311652 Index#:E2018007330
INDEX NO. E2018007330
FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM
NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019
!
-59-
37. Emergency access by first responders should be provided. The access
shall be secured by a gate and lick under control of theTonw or such
firstresponders.
38..If and when restaurant/pub is proposed a conditional use permit shall
be obtained from the Planning Board.
39. Prior to outdoor storage or display of goods, merchandise or
equipment a conditional permit shall be obtained from the Planning
Board.
40. Amazon lockers proposed for the Town's approval maybe necessary.
project State and -
41. Prior to issuañce of building permits forthe County
approvals shall be obtained.
MS. DELANEY: Second.
UPON ROLL CALL VOTE MOTION UNANIMOÚSLY CARRIED
______ . ..... _______________ _________
6P-NB2-18 Application of First Baptist Church, owner, for Preliminary
Subdivision Approval to create two lots from one on property located at
75 Allen Creek Road. All as described on application and plans on file.
TABLED AT THE JULY 2018 MEETING - PUBLIC HEARING
18,
REMAINS OPEN
7P-03-18 Application of First Baptist Church, owner, for Final
Subdivision Approval to create two lots from one on property located at
75 Allen Creek Road. All as described on application and plans on fue.
TABLED AT THE JULY 18, 2018 MEETING PUBLIC HEARING
REMAINS OPEN
MR. WENTWORTH: I move to
close the public hearing.
MR. BABCOCK STINER: Second.
PB Record 024488
Preview
FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM INDEX NO. E2018007330 NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019 MONROE COUNTY CLERK'S OFFICE THIS IS NOT A BILL. THIS Receipt # 2157340 Book Page CIVIL Return To: No. Pages: 8 BRIDGET ANN O'TOOLE I=.-±rent: MISCELLANEOUS D Control #: 201907311652 Index #: E2018007330 Date: 07/31/2019 Brighton Grassroots, LLC Time: 5:18:05 PM DANIELE MANAGEMENT, LLC Town of Brighton Planning Board TOWN OF BRIGHTON TOWN BOARD Town of Brighton M&F, LLC Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK'S OFFICE WARNING - THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. 201907311652 Index # INDEX : E2018007330 NO. E2018007330 FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019 EXHIBIT S 201907311652 Index#:E2018007330 INDEX NO. E2018007330 FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019 -54- 25. The number of seats for the restaurant on Lots C and D must comply with the number of parking spaces provided onsite or a variance from the Zoning Board of Appeals must be obtained. 26. Pursuant to Section 205-18 of the Comprehensive Development Regulations the setback requirements for parking, paved area or aisles is granted for implementation of the cross access easements and access · management plan. 27. All new accessible parking space signage to be installed or replaced shall have the logo depicting a dynamic character leaning forward with a sense of movement as required by Secretary of State pursuant to section one hundred of the Executive Law. 28. All conditions and requirements of the Town Board incentive zoning approval for thisproject shall be satisfied. . 29. The plan as revised shows the privacy vents being installed along the southern boundary of the project. MR. WENTWORTH: Second. _ . UPON ItOLL CALL VOTE MOTION UNANIMOUSLY CARRIED 6P-NB1-18 Application of Daniel Family Companies, applicant, for Preliminary Site Plan Approval to construct a five building retail plaza totaling 83,700 sf,which includes a 50,000 sf Whole Food Store and a 2,000 sf drive-thru coffee shop on properties located at 2740 Monroe Avenue 2750 Monroe Avenue, 2800 Monroe Avenue , a portion of 175 Allen Creek Road and a portion of 2259 Clover Street. All as described . . on application and plans on file.TABLED AT THE AUGUST 15, 2018 MEET1NG PUBLIC HEARING REMAINS OPEN. 9P-06-18 Application of Daniel Family Companies (Daniele SPC,LLC) owner for Final Site Plan Approval to construct a five building retailplaza totaling 83,700 sf, which includes a 50,000 sf Whole Foods Store and a 2,000 sf drive thru coffee shop on properties located at 2740 Monroe PB Record 024483 201907311652 Index#:E2018007330 INDEX NO. E2018007330 FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019 -55- Avenue, 2750 Mþnroe Avenue, 2800 Monroe Avenue, a portion of 175 Allens Creek Roád and a portion of 2259 Clover Street. All as described on application and plans on file. MR. OSOWSKI: I move to close the public hearing. MR. BABCOCK STINER: Second. UPON ROLL CALL VOTE MOTION UNANIMOUSLY CARRIED MR. CHAIRMAN: DETERMINATION OF SIGNIFICANCE I move that the application for site plan approval are consistent with the Findings Statement adopted by the Planning Board on August 15, 2018. I move the Plañniñg Board approves the application based on the testimony given, plans submitted and with the following conditions, 1. An Operational Permit shall be obtained from the Town of Brighton's Fire Marshal (Chris Roth 585-784-5220) 2. All buildings shall comply with the most current Building and Fire Codes of New York State. 3. Prior to issuañce of any building permits, allplans for utilityand stormwater control systems must be reviewed and have been given approval by appropriate authorities. Prior to any occupancy, work proposed on the approved plans shall have been completed to a degree satisfactory to the appropriate authorities. 4. Meet all requirements of the Town of Brighton's Department of Public Works. 5. All Town codes shall be met that relate directly or indirectly to the applicant's request. PB Record 024484 201907311652 Index INDEX #: NO.E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019 -56- 6. The project and itsconstruction entrance shall meet the New York State Standards and Specifications for Erosion and Sediment Control. 7. The contractor shall designate a member of his or her firm to be responsible to monitor erosion control, erosion control structures, tree protection and preservation throughout construction. 8. All trees to be saved shall be protected with orange construction fencing placed at the drip line or a distance greater than the drip line. Trees shall be pruned, watered and fertilized prior to , during and after construction. Materials and equipment storage shall not be allowed in fenced areas. 9. Maintenance of landscape plantings shall be guaranteed for three years. 10. Any contractor or individual involved in the planting rnaintenance or rernoval of tress shall comply with the requirements of the Town's Excavation and (Chapter 66). Trees (Chapter 175) and other. Clearing pertinent regúlations and shall be registered and shall carry insurance as required by Chapter 175 of the Comprehensive Development ' Regulations. 11. Dumpsters shall be enclosed with building materials.that are compatible with the existing building and located in the rear yard. The enclosure shall equal the height of the dumpster, 12. The parking lot shall be striped be inplace prior to issuance of a building permit. 13. All outstanding Site Plan comments and concerns of the Town Engineer and Fire Marshal shall be addressed. 14. All outstandliig Site Plan commeñts and concerns of the Town Engineer regarding soil erosion, storm water control, water system and sanitary sewer design shall be addressed prior to final approval. 15. Fire hydrants shall be fully operational prior to and during construction of the building. PB Record 024485 201907311652 Index INDEX #: NO.E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019 -57- 16. All other reviewing agencies must issue their approval prior to the Department of Public Works issuing itsfinal approval. 17. A letter of credit shall be provided to cover certain aspects of the project. Including, but not limited to demolition, landscaping , stormwater mitigation and infrastructure and erosion coñtrol. The applicant's engiñeer shall prepare an itemized estimate of the scope of the project as a basis for the letterof credit. 18. The proposed building shall be sprinklered in accordance with Town requirements. 19. Erosion control measures shall be in place prior to sitedisturbance. 20. The applicant shall review the siteplan, elevations and floor pins to ensure that the areas and dimensions provided on those plans agree . with one another. Elevation drawings showing the height of the structure in relationship to proposed grade as shown on the approyed site plan shall be submitted. Any change to plans shall be reviewed by the Building and Planning Department and may require Planning Board approval. . 21. The location of any proposed gêñcrators shall be shown on the site plan. All requirements of the Comprehensive Development Regulations shall be niet or a variance shall be obtained from the Zoning Board of Appeals. . 22. The location of the HVAC shall be shown on the siteplan. 23. All comments and concerns of the Town Engineer as contained in the · attached memo dated September 16,2018 from Michael Guyon, Town Engineer, to Ramsey Boehner shall be addressed. 24. The proposed building and siteplan must comply with the New York . StateFire Code. The Town of Brighton Fire Marshal must review the fire apparatuå access and firehydrant locations. The Fire Apparatus Access and F'ireHydrant Worksheet must be completed and submitted to the Town of Brighton for review. PB Record 024486 201907311652 Index INDEX #: NO.E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019 -58- 25. A letter or memo in response to allPlanning Board and Town Engneer comments and conditions shall be submitted. 26. All new accessible parking space signage to be installed or replaced shall have the logo depicting a dynamic character leaning forward with a sense of movement as required by Secretary of State pursuant to section one hundred of the Executive Law 27. All conditions and requirements of the Town Board incentive zoning approval for this project shall be satisfied. 28. The Applicant shall provide and file cross access and cross parking easements between proposed Lot 1 and Lot 2. A copy of any filed easements shall be submitted to the Building and Planning Department for itsrecords.. 29. The plans must demonstrate how the public pedestrian walkway will be maintained during demolition and construction. 30. All mitigation measures must be satisfied. 31. The engineer of record must verify that the Whole Foods building has adequate Fire access. .. 32. The plans must be revised to address how the public pedestrian walkway will be maintained during demolition and construction. 33. Details of the bus shelter shall be submitted . Confirmation must be submitted that RTS will continue to serve the proposed bus shelter. 34. The site plan shall show all trees to be removed. 35. The proposed generator shall meet all requirements of the Town Code or Planning Board approval shall be obtained. Section 207-14.4 of the Comprehensive Development regulations shall be addressed. 36. The lighting plan shall use LED light fixtures or the latest generation of energy efficient fixtures into the project. All lighting shall meet dark sky requiremtñts. The color temperature of the light shall be 3000K. PB Record 024487 201907311652 Index#:E2018007330 INDEX NO. E2018007330 FILED: MONROE COUNTY CLERK 07/31/2019 05:13 PM NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 07/31/2019 ! -59- 37. Emergency access by first responders should be provided. The access shall be secured by a gate and lick under control of theTonw or such firstresponders. 38..If and when restaurant/pub is proposed a conditional use permit shall be obtained from the Planning Board. 39. Prior to outdoor storage or display of goods, merchandise or equipment a conditional permit shall be obtained from the Planning Board. 40. Amazon lockers proposed for the Town's approval maybe necessary. project State and - 41. Prior to issuañce of building permits forthe County approvals shall be obtained. MS. DELANEY: Second. UPON ROLL CALL VOTE MOTION UNANIMOÚSLY CARRIED ______ . ..... _______________ _________ 6P-NB2-18 Application of First Baptist Church, owner, for Preliminary Subdivision Approval to create two lots from one on property located at 75 Allen Creek Road. All as described on application and plans on file. TABLED AT THE JULY 2018 MEETING - PUBLIC HEARING 18, REMAINS OPEN 7P-03-18 Application of First Baptist Church, owner, for Final Subdivision Approval to create two lots from one on property located at 75 Allen Creek Road. All as described on application and plans on fue. TABLED AT THE JULY 18, 2018 MEETING PUBLIC HEARING REMAINS OPEN MR. WENTWORTH: I move to close the public hearing. MR. BABCOCK STINER: Second. PB Record 024488