On September 13, 2018 a
EXHIBIT(S) - IZ3 (Motion #26) IZ36 - Planning Board Minutes granting preliminary and final Site Plan Approval September 17, 2018 - - IZ36 - Planning Board Minutes granting preliminary and final Site Plan Approval September 17, 2018 - ... show more
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 06/29/2022 11:39 AM INDEX NO. E2018007330
NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3121066
Book Page CIVIL
Return To: No. Pages: 84
MINDY LEE ZOGHLIN
300 State Street, Suite 502 Instrument: EXHIBIT(S)
Rochester, NY 14614
Control #: 202206290594
Index #: E2018007330
Date: 06/29/2022
Brighton Grassroots, LLC Time: 11:43:24 AM
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.
JAMIE ROMEO
MONROE COUNTY CLERK
202206290594 Index #
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Proceedings held before the Planning Board
Brighton at 2300 Elmwood Avenue, Rochester, New York on September
17,2018 commencing at approximately 7:30 p.m,
PRESENT: William Price
Justin Babcock Stiner
Laura Giviletti
Pamela Delaney
James Wentworth
John. Osowski
NOTPRESENT: DavidFader
Ramsey Boehner: Town Planaer
David Dolllnger, Dpty Town Attorney
FIRE-ALAI^M PROCEDURBS WERE GIVEN
MR.CHAIRMAN: Goodevening
Ladies and Gentlemen, I would like to call to order the September 17,
ZOlSmeetingoftheTownofBrighton'sPlanningBoardtoorder. We do
have the irdnutes for the July 18,2018 meeting. Caa I have a motion to
approve the mlnutes with any corrections
MS. CIVILETTI: Imoveto
approve the July 18, 2018 minutes with any corrections.
NIR. OSOWSKI: Second.
MR. WENTWORTH ABSTAINED SWGE HE WAS NOTPRESENT
ATTHATMEETING
UPON ROLL CALL VOTE MOTION CARRIED
MR. CHAIRMAN: We will approve
the Augii.st 15,2018 meeting atthe October meeting.
MR. CHAIRMAN: Mr. Secretary,
were the hearings properly advertlsed?
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MR.BOEHNER: Yes,tfaeywere
prdperly advertised in the Brighton Pittsford Post of September 6, 2018.
MR.CHAIRMAN: Beforewestart
the hearings tonight I would like to point out the one application being 3P-
NB1-18 has been withdrawn by the applicant.
6P-01-18 Application ofDaniel Family Companies, applicant, for Site
Plan Modification to construot shared parking and access, known as the
Access Management Pla.n, on and across 2835 Monroe Avenue 2815
Monuroe Avenue, 2799 Monroe Avenue, 2787 M.onroe Avenue, 2775
Monroe Avenue, 2735 Mom-oe Avenue, 2729 Monroe Avenue and 2717
Monroe Avenue. All as described on application and plans on file.
TABLED AT THE JUNE ' 26, 2018 MEETING - PUBLIC HEARING
REMAINSOPEN .
MR. SUDOL: Good evening my
name is Jess Sudol, a Civil Engineer with Passero Associates, I am here
this evening ori behalfofthe Daniele Family Companies, who are also
here with us. We were last here a month ago and this access plan i-emams
largely the same as it origirially was. We will not go over the details of
that because we have been over that for the past few months. But it was a
condition ofthe incentive zoning approval that we construct a oross access
for the properties on the south side ofMonroe Avenue to access a new
signal light specifically for left tams mto and Out ofthe facility and we
have sperit the last few months going over the Plaimmg Board and the
Town Engineers comments and have address all ofthose to date. With
that I would be happy to address any additional questions the Plaiming
Board may have.
MR. CHAIRMAN; Jess, have you
taken a look at any conflict points on the frontage access connections that
are being made between City Mattress and over to and across the front of
the hbtel.
MR. SUDOL: We have reviewed
that extensively and one ofthe things that we have openly analyzed and
determined that the amount oftraffic moving through that particular point
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is relatively low and does not conflict with the right hand in that comes off
ofMonroe Avenue into Mamasans property because the access
management plan to Mamasans has a back access road the vast majoiity of
people ieaving the City Mattress have an access to the light and will be
traveling along the back ofthe building rather than the &ont ofthe
building. So the oflier thing those cross access points do in our analysis
that we submitted is they do provide a much easier way for the emergency
vehicles to get around all those properties that are there. So again because
ofthe very low traffic we don't feel there wiU be much ofa conflict there
and we have added additional slgnage and gates to help with that and we
are making sure those stop signs are up and that is what is out there.
MR, BOEHNER: Jess, is it tme the
proposal will not need an occupancy permit fi-om New York DOT?
MR. SUDOL: Yes, sir.
MR.BOEHNER: Andareyou
proposing any new parking lot lighting?
MR. SUDOL; No., there are a
couple oflights that need to be relocated but that is it.
MR. BOEHNER: \Vhat is the status
in reviewing th.e access management plan?
MR. SUDOL: Well the access
management plan in the context primarily ofthe proposed signal light and
access point, they have been provlded all ofthat and they have been
involved all along. They have instmcted us on where to locate the sensor
loops and they want to see the control panel and tliose types of thiags and
there is nothmg that impacts the layout in any significant fashion.
MR. BOEFINER: How is tlie new
asphalt that is behind the Dunkin Doauts being mitigated?
MR. SUDOL: The impacts will
remain the same.
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MR. CHAIRMAN: Jess do you
have any sense as to the overall schedule for the Whole Foods Project
assuming tlie approvals are all done at once.
MR. SXJDOL: It will get done at the
same time as the.Whole Foods Plaza so they would probably do the two
projects at more or less the same fime. The signal lighf will have to be
constmcted and that aU tles back in. So it will be very early on.
MR. BABCOCK STINER: Are any .
trees beiiig removed as far as access managemeht?
MR. SUDOL: There are no
proposed trees to be removed,
MR. CHAIRMAN: Any additional
lighting?
MR.SUDOL: Nojustrelocatmga
couple oflight poles but no additional lighting beoause it is all fairiy well
lit.
MR.CHAIRMAN: Thankyou. We
have four people signed up to speak to this application. The first one is
going to pass pn tliis one.
MR. LASLEY: Good evening my
name is Paul Lasley and I live at 1820 Clover Street. Mine is more of a
question that I losttrack of and I am not sure where it stands. My
understanding there was a locai document by the developer to not have
access onto Westfall and Clover. I understand that has not been signed
arid I am curious as to the status ofvvhen it will be signed.
MR. .CPIAIRMAN: David do yoy
care to address the status ofthe easement restdcting access?
MR. DOLLrNGER: As I understand
it, it is done and is just waitmg to be signed and put into escrow. Its
agreed upon and I believe it has been signed or is waiting to be signed.
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MR. LASLEY: How wUl we know
as average citizens that it is done? We have been hearing it has been done
for a number ofmonths.
MR. CI-IAIRMAN: Paul is that your
main question?
1^IR. LASLEY-. Yes.
MR. CHAmMAN: We will ask the
developer to come up and answer as well. Any other questions?
MR. LASLEY: ^^o do I talk fo ifit
doesn't happen?
MR. BOEHNER: Just so you know .
the restricted covenant is not under the PlEmning Boai'd?
MR.LASLEY: Itoiowbutasa
resident ofClover I don't want them coming down the street to this thing.
Monroe you guys can play with it all you want but this is important to me.
MR. CMAIRMAN; This is a
condition that is bemg filed as a restrictive conditibn and it is in place of
all ofthe approvals that have been granted.
MR. DOLLINGER: As fai- as I
know as oftwo days ago it was all agreed upon by the lawyers and
hopefiilly I \vlll hear from them..
MR. CHARMAN: Mr. Goldman
would you like to come up and address your understanding ofthe status of
the restricted covehant.
MR, GOLDMAN: My name is
Jerry Goldman, attomey aiid agent for the Daaielle family. I can t7n Code Section 217-13 subparagraph a, and that
" after receiving approval from the Plarming Board on the
paragraph reads
preliminary sife. plan and approval for all necessary permite and curb cuts
from the State and Coiuity offlcials the applicant may prepare the fmal site
plan aiid apply
"
to the Secretary ofthe Plaiming Board shall defer the
application yada, yada. So my pomt is that until the developer obtains
all permits fi'om the State and County that an. applications for final site
plan caimot at tliis time be considered. Particularly in light ofthe fact that
DOT highway w.ork permit is considered a discretionary approval and
what that means is that DOT is aii involved agency under SEQR and
before DOT issues a highway work permit they must do what the Planning
Board did and go through fhe exercise ofissuing findiiigs and using their
junsdiction to make any impacts to the maximum extent practical. So my .
first qiiestion would be has the DOT issued a high'way work permit and
has the DOT issued SEQR Findings'-so that a permit could be issued and is
there a need for a Count)^ permit for work that may be done along Allen's
Creek Road from a procedural stand.point can it proceed tonight. That
was my question certainly the Board doesn't have to answer the question
but is there a DOT permit.
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MR, CFIAIRMAN: Not to my
knowledge.
MR. MALCOLM: That is all I have
thaiik you.
MR. CHAIRMAN: That is all that
signed iip to speak. Isthere anyone else who cares to speak. Okay the
next speaker is Judy Van Houten.
MS. VANHOUTEN; MyEiameis
Judy Van Houten and I live at 205 Shorham Drive. Just a couple ofthings
I don't laaow at what point it is appropriate is there a way that res.idents
can know how this transfonn into how our ciirrent buffer turns info that
and vice a versus. Is there anything that isn't speculative? Is there
anything that shows howthorough or is there anyway to compare what
somebody has decided is okay for us in proportion to what we have now?
MR. CHAIKMAN: I think you have
made it clear over the past several months the buffer is something that is
unportEUit to our residents when you see them at the end ofthe street
looking at this. We have feacing. We have landscaping we have asked
them to tell us what plant materials tib.at are being left because they are not
actiially on there. So I think we are comfortable fhat they have provided iis
with evidence ofwhat plantmg materials are remaining and what the
fences look like and what the plantings are that will compliment the
existing plantings to provide a buffer.
MS. VAN HOUTEN: So the densi.ty
won't change you can't see any buildings now diwing the summer time.
MR. CI-IAIRMAN: I thinlc it will be
better year round with the fencing and use of evergreen trees because
when those plant material? fhat are out there today lose tlieu- leaves there
will be much more visibility.
MS. VAN HOUTEN: lamglad
your honest because it isvery hard for someone who isnot trained to be
able to look at that and tell based on the fact that there was a discrepancy .
in the number oftrees.
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MR.CHAIRMAN: Wevvere
concerned about what was gomg to be left when the trail gets built and so
they have provided a landscape plan.
MS. VAN HOUTEN: The other
thing I have is tliat we calledNicole Westco who is Whole Foods regional
representative and I called and she was unavailable and I called and I
called and she was imavailable and I never got a call back. And I did call
one tinaie and someone answered and I said I wbuld like to talk to someone
who can be responsible for speaking on behalf ofNicole Westco and she
said I can do Ihat, And I said I have a question about the project in
Rochester on Mom-oe Aveuue and I said I am. specifically interested in
flnding out ifthere are plans for a restaurant and pub and alcohol etc on
the interior and the possibility of Amazon lockers and she said assume
both, Aud so what I don't understand is if the assumption from their
company is I should assume both why there wouldn't be something
available that indicates this and she said it is a goal ofall ofour stores and
I am stire I am on recoi-d and recorded or something there. So I didn't get
t6 talk to Nicole aad I didn't get a letter back but the person said she was
.authorized to speak for her and she said to assume both ofthose things.
So I amjust passmg that on because it was a direct conversation. witli
someone who satd they were authorized to do so.
MS. CIVILETTI: Did you get that
person's name?
MS. VAN PIOUTEN: I will look.
MSCIVILETTI: Thankyou.
MR. CHAIRJvIAN: Anyone else
care to speak on this application?
MS.BLOOD: MynameisKim
Blook and I just have a question about some gray areas actually I spoke
with Anthony Daniele during break at the last meeting and he answered
some of questions and I appreciate that. I believe that I also have a
question about the goings and coming oftraffic and I am wondering ifthe
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State decides that the cwreiit plan bec.om es unsafe ifthey decide that the
amount oftraffic overwhehns this current plan does the State have a rlght
or DOT or does part ofthe state have a right to say you will need to put in
a road after all because ofthings that have happened after the fact past this
current plan does that meaii there will be major chaiiges going forward by
the State latter on because fhis mlght not really cover the atnoiint oftraffic
that we are going to have.
MR. CHAIRMAN: This question
has been asked tnultiple times and we heard a term used fhat in my 30 plus
years I have never heard and that is this forced easement concept. I don't
believe any traffic engineers and all the consultants that represent us not
the applicant's consultants but between the applicant's consultants and the
consultants from other organizations, nobody has ever heard ofacase
where fhat has happened but it is possible anyfhing is possible and I think
it would have to be a strain that the state would ever contemplate a domain
to come in and take land for access.
MS. BLOOD: Okay I wasjust
wondering ifit was ever a possibility.
MR. CHAIRMAN; Nobody has. ever
heardofitbutitmaybeoutthereinthefuture. Thankyoii. Anybodyelse
wre to address this.
MS. ZOGHLIN: Good evening my
name is Mmdy Zoghlin and I represent Brighton Gmss Roots. Just some
loose ends I want to tie up before I get into traffic issues, Last month's we
explained thaf the proposed site plan substaiitially interferes with the
public's use and enjoyment ofrecreation. And eai'lier today I sent over a
letter and I am not sure everybody got it but I brought copies with me and
iii that regard I ask you to consider the existing condltions and that letter is
dated September 12, 2018 prepared by Robbie Englneers and Mr. Boehner
can I pass this out through you, I will also like to address three issues with
regard to'traffic, The first relates to the incorrect assumptions ofthe truck
usage and now we know for certainthat the January 28, 2018 traffic study
and the Town Board decision to accept it, the Town Board's SEQR
Findings and the Town Board's decision to approve incentive zoning and
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your decision to issue SEQR Findings were all based on false
assumptions, all ofthose decisions were based on t,he assuniption that the
Wbole Foods grocery store woiild receive two delivery trucks per day.
Now Whole Foods tells you it expects to receive another 12 deliveries on
top oftlie frwo daiiy traffic tnicks, This incon-ect assumptioa kd the TO-VTO
Board and this Board to grossly underestimate the traf&c bemg generated
by this plaza.
The second traffic related issue is the
failure to consider operatioi'ial issues related to the Whole Foods business.
It is well hiown that the Whole Foods busmess model is to pick up the
delivery centers and restaurant aad pubs at a grocery store and there is
nothing wi-ong with that but the problem is that these operations changes
with an increased amount oftrucks and cars that come to a plaza. This
Board recognized the potential traffic last month when you tabled the
application pending receipt ofa letter from Whole Foods confii-m.ing there
wouldn't be a restaurant aud pub £itthe site and Whole Foods dicto't give
you that letter. Didii't answer the questious about the in1;erior layout and
merchandizing layout. Instead as Mr. Malcolm just pointed out what you
got from the developers engiueer was a conceptual floor plan and a really
broad disclaimer that it really was a represenfative ofstoresofthis size
and is likely to change before the stait; of construction, We provided you
with data indicating Amazon lockers now called pick up aiid delivery
centers increases traffic by 12 perceiit that has to impact traffic and that
wasn't considered by the Town Board and it hasn't yet been consldered by
this Board,
This means that the traffic impact
study doesn't consider impacts of the grocery store with an Aniazon
locker and a pick up aiid dellvery center and a restaurant and pub and this
failure to consider operational chatxges also causes both the Town Board
and may cause tliis board to grossly imderestknate the traffie generated if
you approve this project, Their third concern is that there has been no
consideration to the plaza's tenants other thaa Whole Poods. The traffic
study did not consider the truck traf&c for any ofthe other tenants in the
plaza. It sald Whole Foods Plaza tenants will receive deliveries
periodically and the delivery fi-equency may fluctiiafe depending pn the
demands and store activity, location and season and all ofthe deliveries
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will occur at the rear ofthe stores. It didn't talk about what this periodic
delivery was going to be and they didn't conslder that in the traffic impact
study. So what do you do as you knpw this Board has an independent
obligation to make theu' own SEQR Fmdings and you ai-e also i.inder
notice that the trafflc study has serious deficiencies. Aiid at this point I
think you have one oftwo options you can tmpose conditions on any
approval to lunit the number oftmcks to Whole Foods oftwo per day and
prohibit Amazon lockers, restaurant or pub or you can rescind the SEQR
Findings that you made last month, conduct a supplemental impact study
on traffic and to walt until you get the results to rnake the decision. Thank
you. . .
MR. CHAIRMAN: Anybody else?
MS.PELTON: ShellaPelton 153
Edgeview Lane. I have written many communications to the Board and
one thing I would like to address is does code allow 24000 sfis that what
code says for a grocery store.
MR.BOEHNER: Whatthecode
says is any store above,20,000 sfneeds a conditional use permit and
under tliat permit you need to review traffic adequacy.
MS.PELTON: Wellitis
somewhere betvveen 20 and 25,000 and ifthis building were downsized
then there wouldn't be room for a restaurant and pub and a lot of other
things that everybody kiiows - ifyou go to Buffalo they have a pub, they
have a groceiy store and a lot ofthings that the residents are concerned
about. So ifthe size ofthe buildmg were downsized they wouldn't be
putting a pub in there and fhe other things. I don't understand is there
really isn't muoh ofa barrier for tmck traffic, Wegmaii's aiways hides it
behind the building or builds ajiotlier big structure where tmcks go in there
and it is acceptable where this is not going to be acceptable to tlie
neighbors who lives on the other side ofthe property. You can probably
see the tmcks lo&dmg and unloadiag.
I have not heard very much talk
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about signage for the plaza. Is it going to be a small sign along the road
that says this is what is here or is it going to be biggei vvith a tall thin. sign
that you can see fi-om the expressway.
MR. CHAIRMAN; It is going to be
lower.
MS, PELTON: Okay I don'.t want to
see something from tbe expressway and to me the traffic on Mom-oe is bad
enpugh but ifyou ai'e in tliat neighborhood at all the traffic at fush hour
backs up onto the expressway every which way on both 590 north and 590
south it backs up to approxm-iately where Hai-ley School is. There is
traffic coming from the north and traffic coming from Heimetta and every
place else and it goes back to Winton Road spinetimes at 4:30 to 6:00
o'dock. Now New York State is not going to let that go on forever. I
think the neighbors do have a cpncern that maybe it will be mandated to
have other access to the plaza that has to happen aiid that will be really
ten'ible.
There are large trees now along
Clover Street that really provide a screen in the winter and in the summer
it is totally green and it blocks out all ofthe light. And I thi
Preview
FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM INDEX NO. E2018007330 NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3121066 Book Page CIVIL Return To: No. Pages: 84 MINDY LEE ZOGHLIN 300 State Street, Suite 502 Instrument: EXHIBIT(S) Rochester, NY 14614 Control #: 202206290594 Index #: E2018007330 Date: 06/29/2022 Brighton Grassroots, LLC Time: 11:43:24 AM 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. JAMIE ROMEO MONROE COUNTY CLERK 202206290594 Index # INDEX : E2018007330 NO. E2018007330 FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 -1- Proceedings held before the Planning Board Brighton at 2300 Elmwood Avenue, Rochester, New York on September 17,2018 commencing at approximately 7:30 p.m, PRESENT: William Price Justin Babcock Stiner Laura Giviletti Pamela Delaney James Wentworth John. Osowski NOTPRESENT: DavidFader Ramsey Boehner: Town Planaer David Dolllnger, Dpty Town Attorney FIRE-ALAI^M PROCEDURBS WERE GIVEN MR.CHAIRMAN: Goodevening Ladies and Gentlemen, I would like to call to order the September 17, ZOlSmeetingoftheTownofBrighton'sPlanningBoardtoorder. We do have the irdnutes for the July 18,2018 meeting. Caa I have a motion to approve the mlnutes with any corrections MS. CIVILETTI: Imoveto approve the July 18, 2018 minutes with any corrections. NIR. OSOWSKI: Second. MR. WENTWORTH ABSTAINED SWGE HE WAS NOTPRESENT ATTHATMEETING UPON ROLL CALL VOTE MOTION CARRIED MR. CHAIRMAN: We will approve the Augii.st 15,2018 meeting atthe October meeting. MR. CHAIRMAN: Mr. Secretary, were the hearings properly advertlsed? PB Record 024430 202206290594 IndexNO. INDEX #: E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 -2- MR.BOEHNER: Yes,tfaeywere prdperly advertised in the Brighton Pittsford Post of September 6, 2018. MR.CHAIRMAN: Beforewestart the hearings tonight I would like to point out the one application being 3P- NB1-18 has been withdrawn by the applicant. 6P-01-18 Application ofDaniel Family Companies, applicant, for Site Plan Modification to construot shared parking and access, known as the Access Management Pla.n, on and across 2835 Monroe Avenue 2815 Monuroe Avenue, 2799 Monroe Avenue, 2787 M.onroe Avenue, 2775 Monroe Avenue, 2735 Mom-oe Avenue, 2729 Monroe Avenue and 2717 Monroe Avenue. All as described on application and plans on file. TABLED AT THE JUNE ' 26, 2018 MEETING - PUBLIC HEARING REMAINSOPEN . MR. SUDOL: Good evening my name is Jess Sudol, a Civil Engineer with Passero Associates, I am here this evening ori behalfofthe Daniele Family Companies, who are also here with us. We were last here a month ago and this access plan i-emams largely the same as it origirially was. We will not go over the details of that because we have been over that for the past few months. But it was a condition ofthe incentive zoning approval that we construct a oross access for the properties on the south side ofMonroe Avenue to access a new signal light specifically for left tams mto and Out ofthe facility and we have sperit the last few months going over the Plaimmg Board and the Town Engineers comments and have address all ofthose to date. With that I would be happy to address any additional questions the Plaiming Board may have. MR. CHAIRMAN; Jess, have you taken a look at any conflict points on the frontage access connections that are being made between City Mattress and over to and across the front of the hbtel. MR. SUDOL: We have reviewed that extensively and one ofthe things that we have openly analyzed and determined that the amount oftraffic moving through that particular point PB Record 024431 202206290594 IndexNO. INDEX #: E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 -3- is relatively low and does not conflict with the right hand in that comes off ofMonroe Avenue into Mamasans property because the access management plan to Mamasans has a back access road the vast majoiity of people ieaving the City Mattress have an access to the light and will be traveling along the back ofthe building rather than the &ont ofthe building. So the oflier thing those cross access points do in our analysis that we submitted is they do provide a much easier way for the emergency vehicles to get around all those properties that are there. So again because ofthe very low traffic we don't feel there wiU be much ofa conflict there and we have added additional slgnage and gates to help with that and we are making sure those stop signs are up and that is what is out there. MR, BOEHNER: Jess, is it tme the proposal will not need an occupancy permit fi-om New York DOT? MR. SUDOL: Yes, sir. MR.BOEHNER: Andareyou proposing any new parking lot lighting? MR. SUDOL; No., there are a couple oflights that need to be relocated but that is it. MR. BOEHNER: \Vhat is the status in reviewing th.e access management plan? MR. SUDOL: Well the access management plan in the context primarily ofthe proposed signal light and access point, they have been provlded all ofthat and they have been involved all along. They have instmcted us on where to locate the sensor loops and they want to see the control panel and tliose types of thiags and there is nothmg that impacts the layout in any significant fashion. MR. BOEFINER: How is tlie new asphalt that is behind the Dunkin Doauts being mitigated? MR. SUDOL: The impacts will remain the same. PB Record 024432 202206290594 IndexNO. INDEX #: E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 -4- MR. CHAIRMAN: Jess do you have any sense as to the overall schedule for the Whole Foods Project assuming tlie approvals are all done at once. MR. SXJDOL: It will get done at the same time as the.Whole Foods Plaza so they would probably do the two projects at more or less the same fime. The signal lighf will have to be constmcted and that aU tles back in. So it will be very early on. MR. BABCOCK STINER: Are any . trees beiiig removed as far as access managemeht? MR. SUDOL: There are no proposed trees to be removed, MR. CHAIRMAN: Any additional lighting? MR.SUDOL: Nojustrelocatmga couple oflight poles but no additional lighting beoause it is all fairiy well lit. MR.CHAIRMAN: Thankyou. We have four people signed up to speak to this application. The first one is going to pass pn tliis one. MR. LASLEY: Good evening my name is Paul Lasley and I live at 1820 Clover Street. Mine is more of a question that I losttrack of and I am not sure where it stands. My understanding there was a locai document by the developer to not have access onto Westfall and Clover. I understand that has not been signed arid I am curious as to the status ofvvhen it will be signed. MR. .CPIAIRMAN: David do yoy care to address the status ofthe easement restdcting access? MR. DOLLrNGER: As I understand it, it is done and is just waitmg to be signed and put into escrow. Its agreed upon and I believe it has been signed or is waiting to be signed. PB Record 024433 202206290594 IndexNO. INDEX #: E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 -5- MR. LASLEY: How wUl we know as average citizens that it is done? We have been hearing it has been done for a number ofmonths. MR. CI-IAIRMAN: Paul is that your main question? 1^IR. LASLEY-. Yes. MR. CHAmMAN: We will ask the developer to come up and answer as well. Any other questions? MR. LASLEY: ^^o do I talk fo ifit doesn't happen? MR. BOEHNER: Just so you know . the restricted covenant is not under the PlEmning Boai'd? MR.LASLEY: Itoiowbutasa resident ofClover I don't want them coming down the street to this thing. Monroe you guys can play with it all you want but this is important to me. MR. CMAIRMAN; This is a condition that is bemg filed as a restrictive conditibn and it is in place of all ofthe approvals that have been granted. MR. DOLLINGER: As fai- as I know as oftwo days ago it was all agreed upon by the lawyers and hopefiilly I \vlll hear from them.. MR. CHARMAN: Mr. Goldman would you like to come up and address your understanding ofthe status of the restricted covehant. MR, GOLDMAN: My name is Jerry Goldman, attomey aiid agent for the Daaielle family. I can t7n Code Section 217-13 subparagraph a, and that " after receiving approval from the Plarming Board on the paragraph reads preliminary sife. plan and approval for all necessary permite and curb cuts from the State and Coiuity offlcials the applicant may prepare the fmal site plan aiid apply " to the Secretary ofthe Plaiming Board shall defer the application yada, yada. So my pomt is that until the developer obtains all permits fi'om the State and County that an. applications for final site plan caimot at tliis time be considered. Particularly in light ofthe fact that DOT highway w.ork permit is considered a discretionary approval and what that means is that DOT is aii involved agency under SEQR and before DOT issues a highway work permit they must do what the Planning Board did and go through fhe exercise ofissuing findiiigs and using their junsdiction to make any impacts to the maximum extent practical. So my . first qiiestion would be has the DOT issued a high'way work permit and has the DOT issued SEQR Findings'-so that a permit could be issued and is there a need for a Count)^ permit for work that may be done along Allen's Creek Road from a procedural stand.point can it proceed tonight. That was my question certainly the Board doesn't have to answer the question but is there a DOT permit. PB Recor'd 024448 202206290594 IndexNO. INDEX #: E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 -20- MR, CFIAIRMAN: Not to my knowledge. MR. MALCOLM: That is all I have thaiik you. MR. CHAIRMAN: That is all that signed iip to speak. Isthere anyone else who cares to speak. Okay the next speaker is Judy Van Houten. MS. VANHOUTEN; MyEiameis Judy Van Houten and I live at 205 Shorham Drive. Just a couple ofthings I don't laaow at what point it is appropriate is there a way that res.idents can know how this transfonn into how our ciirrent buffer turns info that and vice a versus. Is there anything that isn't speculative? Is there anything that shows howthorough or is there anyway to compare what somebody has decided is okay for us in proportion to what we have now? MR. CHAIKMAN: I think you have made it clear over the past several months the buffer is something that is unportEUit to our residents when you see them at the end ofthe street looking at this. We have feacing. We have landscaping we have asked them to tell us what plant materials tib.at are being left because they are not actiially on there. So I think we are comfortable fhat they have provided iis with evidence ofwhat plantmg materials are remaining and what the fences look like and what the plantings are that will compliment the existing plantings to provide a buffer. MS. VAN HOUTEN: So the densi.ty won't change you can't see any buildings now diwing the summer time. MR. CI-IAIRMAN: I thinlc it will be better year round with the fencing and use of evergreen trees because when those plant material? fhat are out there today lose tlieu- leaves there will be much more visibility. MS. VAN HOUTEN: lamglad your honest because it isvery hard for someone who isnot trained to be able to look at that and tell based on the fact that there was a discrepancy . in the number oftrees. PB Record 024449 202206290594 IndexNO. INDEX #: E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 -21- MR.CHAIRMAN: Wevvere concerned about what was gomg to be left when the trail gets built and so they have provided a landscape plan. MS. VAN HOUTEN: The other thing I have is tliat we calledNicole Westco who is Whole Foods regional representative and I called and she was unavailable and I called and I called and she was imavailable and I never got a call back. And I did call one tinaie and someone answered and I said I wbuld like to talk to someone who can be responsible for speaking on behalf ofNicole Westco and she said I can do Ihat, And I said I have a question about the project in Rochester on Mom-oe Aveuue and I said I am. specifically interested in flnding out ifthere are plans for a restaurant and pub and alcohol etc on the interior and the possibility of Amazon lockers and she said assume both, Aud so what I don't understand is if the assumption from their company is I should assume both why there wouldn't be something available that indicates this and she said it is a goal ofall ofour stores and I am stire I am on recoi-d and recorded or something there. So I didn't get t6 talk to Nicole aad I didn't get a letter back but the person said she was .authorized to speak for her and she said to assume both ofthose things. So I amjust passmg that on because it was a direct conversation. witli someone who satd they were authorized to do so. MS. CIVILETTI: Did you get that person's name? MS. VAN PIOUTEN: I will look. MSCIVILETTI: Thankyou. MR. CHAIRJvIAN: Anyone else care to speak on this application? MS.BLOOD: MynameisKim Blook and I just have a question about some gray areas actually I spoke with Anthony Daniele during break at the last meeting and he answered some of questions and I appreciate that. I believe that I also have a question about the goings and coming oftraffic and I am wondering ifthe PB Record 02445Q 202206290594 IndexNO. INDEX #: E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 -22- State decides that the cwreiit plan bec.om es unsafe ifthey decide that the amount oftraffic overwhehns this current plan does the State have a rlght or DOT or does part ofthe state have a right to say you will need to put in a road after all because ofthings that have happened after the fact past this current plan does that meaii there will be major chaiiges going forward by the State latter on because fhis mlght not really cover the atnoiint oftraffic that we are going to have. MR. CHAIRMAN: This question has been asked tnultiple times and we heard a term used fhat in my 30 plus years I have never heard and that is this forced easement concept. I don't believe any traffic engineers and all the consultants that represent us not the applicant's consultants but between the applicant's consultants and the consultants from other organizations, nobody has ever heard ofacase where fhat has happened but it is possible anyfhing is possible and I think it would have to be a strain that the state would ever contemplate a domain to come in and take land for access. MS. BLOOD: Okay I wasjust wondering ifit was ever a possibility. MR. CHAIRMAN; Nobody has. ever heardofitbutitmaybeoutthereinthefuture. Thankyoii. Anybodyelse wre to address this. MS. ZOGHLIN: Good evening my name is Mmdy Zoghlin and I represent Brighton Gmss Roots. Just some loose ends I want to tie up before I get into traffic issues, Last month's we explained thaf the proposed site plan substaiitially interferes with the public's use and enjoyment ofrecreation. And eai'lier today I sent over a letter and I am not sure everybody got it but I brought copies with me and iii that regard I ask you to consider the existing condltions and that letter is dated September 12, 2018 prepared by Robbie Englneers and Mr. Boehner can I pass this out through you, I will also like to address three issues with regard to'traffic, The first relates to the incorrect assumptions ofthe truck usage and now we know for certainthat the January 28, 2018 traffic study and the Town Board decision to accept it, the Town Board's SEQR Findings and the Town Board's decision to approve incentive zoning and PB Recorcf 024451 202206290594 IndexNO. INDEX #: E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 -23- your decision to issue SEQR Findings were all based on false assumptions, all ofthose decisions were based on t,he assuniption that the Wbole Foods grocery store woiild receive two delivery trucks per day. Now Whole Foods tells you it expects to receive another 12 deliveries on top oftlie frwo daiiy traffic tnicks, This incon-ect assumptioa kd the TO-VTO Board and this Board to grossly underestimate the traf&c bemg generated by this plaza. The second traffic related issue is the failure to consider operatioi'ial issues related to the Whole Foods business. It is well hiown that the Whole Foods busmess model is to pick up the delivery centers and restaurant aad pubs at a grocery store and there is nothing wi-ong with that but the problem is that these operations changes with an increased amount oftrucks and cars that come to a plaza. This Board recognized the potential traffic last month when you tabled the application pending receipt ofa letter from Whole Foods confii-m.ing there wouldn't be a restaurant aud pub £itthe site and Whole Foods dicto't give you that letter. Didii't answer the questious about the in1;erior layout and merchandizing layout. Instead as Mr. Malcolm just pointed out what you got from the developers engiueer was a conceptual floor plan and a really broad disclaimer that it really was a represenfative ofstoresofthis size and is likely to change before the stait; of construction, We provided you with data indicating Amazon lockers now called pick up aiid delivery centers increases traffic by 12 perceiit that has to impact traffic and that wasn't considered by the Town Board and it hasn't yet been consldered by this Board, This means that the traffic impact study doesn't consider impacts of the grocery store with an Aniazon locker and a pick up aiid dellvery center and a restaurant and pub and this failure to consider operational chatxges also causes both the Town Board and may cause tliis board to grossly imderestknate the traffie generated if you approve this project, Their third concern is that there has been no consideration to the plaza's tenants other thaa Whole Poods. The traffic study did not consider the truck traf&c for any ofthe other tenants in the plaza. It sald Whole Foods Plaza tenants will receive deliveries periodically and the delivery fi-equency may fluctiiafe depending pn the demands and store activity, location and season and all ofthe deliveries PB Record 024452 202206290594 IndexNO. INDEX #: E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 -24- will occur at the rear ofthe stores. It didn't talk about what this periodic delivery was going to be and they didn't conslder that in the traffic impact study. So what do you do as you knpw this Board has an independent obligation to make theu' own SEQR Fmdings and you ai-e also i.inder notice that the trafflc study has serious deficiencies. Aiid at this point I think you have one oftwo options you can tmpose conditions on any approval to lunit the number oftmcks to Whole Foods oftwo per day and prohibit Amazon lockers, restaurant or pub or you can rescind the SEQR Findings that you made last month, conduct a supplemental impact study on traffic and to walt until you get the results to rnake the decision. Thank you. . . MR. CHAIRMAN: Anybody else? MS.PELTON: ShellaPelton 153 Edgeview Lane. I have written many communications to the Board and one thing I would like to address is does code allow 24000 sfis that what code says for a grocery store. MR.BOEHNER: Whatthecode says is any store above,20,000 sfneeds a conditional use permit and under tliat permit you need to review traffic adequacy. MS.PELTON: Wellitis somewhere betvveen 20 and 25,000 and ifthis building were downsized then there wouldn't be room for a restaurant and pub and a lot of other things that everybody kiiows - ifyou go to Buffalo they have a pub, they have a groceiy store and a lot ofthings that the residents are concerned about. So ifthe size ofthe buildmg were downsized they wouldn't be putting a pub in there and fhe other things. I don't understand is there really isn't muoh ofa barrier for tmck traffic, Wegmaii's aiways hides it behind the building or builds ajiotlier big structure where tmcks go in there and it is acceptable where this is not going to be acceptable to tlie neighbors who lives on the other side ofthe property. You can probably see the tmcks lo&dmg and unloadiag. I have not heard very much talk PB Record 024453 202206290594 IndexNO. INDEX #: E2018007330 E2018007330 FILED: MONROE COUNTY CLERK 06/29/2022 11:39 AM NYSCEF DOC. NO. 1220 RECEIVED NYSCEF: 06/29/2022 -25- about signage for the plaza. Is it going to be a small sign along the road that says this is what is here or is it going to be biggei vvith a tall thin. sign that you can see fi-om the expressway. MR. CHAIRMAN; It is going to be lower. MS, PELTON: Okay I don'.t want to see something from tbe expressway and to me the traffic on Mom-oe is bad enpugh but ifyou ai'e in tliat neighborhood at all the traffic at fush hour backs up onto the expressway every which way on both 590 north and 590 south it backs up to approxm-iately where Hai-ley School is. There is traffic coming from the north and traffic coming from Heimetta and every place else and it goes back to Winton Road spinetimes at 4:30 to 6:00 o'dock. Now New York State is not going to let that go on forever. I think the neighbors do have a cpncern that maybe it will be mandated to have other access to the plaza that has to happen aiid that will be really ten'ible. There are large trees now along Clover Street that really provide a screen in the winter and in the summer it is totally green and it blocks out all ofthe light. And I thi