On April 27, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Anthony Kinslow,
Brighton Grassroots, Llc,
David G. Grant,
Howard R. Jacobson,
Lindsay Duell,
Lisa Whittemore,
Margery Hwang,
Norman Whittemore,
Peter Mulbery,
Roberta Kerry,
Roberta Kerry-Sharick,
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,
Asm Hospitality Llc,
Atlantic Hotel Group, Inc.,
Cloverpark Limited Partnership,
Daniele Management, Llc,
Daniele Spc, Llc,
Hemisphere Hotels Inc.,
John Does 1- 20,
Mamasans 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.,
Qing Kai Sun,
Rochester Gas And 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.
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FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM INDEX NO. E2018002961
NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3123604
Book Page CIVIL
Return To: No. Pages: 85
MINDY LEE ZOGHLIN
300 State Street, Suite 502 Instrument: EXHIBIT(S)
Rochester, NY 14614
Control #: 202206301529
Index #: E2018002961
Date: 06/30/2022
Brighton Grassroots, LLC Time: 4:51:32 PM
JACOBSON, HOWARD R.
HWANG, MARGERY
KERRY, ROBERTA
GRANT, DAVID G.
TOWN OF BRIGHTON
TOWN OF BRIGHTON TOWN BOARD
TOWN OF BRIGHTON PLANNING BOARD
M&F, LLC
DANIELE SPC, 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
202206301529 Index #
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EXHIBIT H
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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.
PRBSENT: WiUiamPrice
Justln Babcock Stiner
Laura Giviletti .
Pamela Delaney
James Weritworth
John. Osowski
NOTPRESENT: DavidFader
Ramsey Boebier: Town Plamxer
David Dolllnger, Dpty Town Attorney
PIRE-ALARM PROCBDURBS WERE GIVEN
MR.CHAIRMAN: Goodevening
Ladies and Gentlemen, I woiild like to call to order the September 17,
2018meetingoftheTownofBrighton'sPlamimgBoardtoorder. We do
have the minutes for the July 18,2018 meeting. Can I have a motion to
approve the minutes with any corrections
MS. CIVILETTI: Imoveto
approve the July 18, 2018 minutes with any correctioris.
IvIR. OSOWSKI: Second.
MR. WENTWORTH ABSTAINED SINCE HE WAS NOTPRESENT
ATTHATMBETING
UPON ROLL CALL VOTE MOTION CARRffiD
MR. CHAIRMAN: We will approve
the Augxi.st 15, 2018 meeting at the October meeting.
MR. CHAIRMAN: Mr. Secretary,
were the hearings properly advertised?
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MR.BOEHNER: Yes,theywere
prdperly advertised in the Brighton Pittsford Post of September 6, 2018.
MR. CHAIRMAN: Before we start
the hearings tonight I would like to point out the one application being 3P-
NB 1-18 has been withdrawn by the applicant.
6P-01-18 Applicatioin ofDaniel Family Companies, applicant, for Site
Plan Modification to constmct shared parking and access, known as the
Access Management Plan, on and across.2835 Mpnroe Avenue 2815
Monroe Avenue, 2799 Monroe Avenue, 2787 Mpnroe Avenue, 2775
Monroe Avenue, 2735 Monroe Avenue, 2729 Monroe Avenue and 2717
Monroe Avenue, All as descnbed 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
fhis evening on behalfofthe Daniele Family Companies, who are also
here with us. We were last here a month ago and the access plaii remams
largely the same as it origirially was. We will not go over.the details of
that because we have been over that for tihe past few months. But it was a
condition ofthe incentive zoning approval that we construct across access
for the properties on the south side of Monroe Avenue to access a new
signal light specifically for left tiuns into and out ofth.e facility and we
have spent the last few months going over the Plannmg Board and the
TownEngineerscommentsandhaveaddressallofthosetodate. With .
that I would be happy to address any additional questioiis the Plaririing
Board may have.
MR. CHAIRMAN: Jess, have you
taken a look at any confllict points on the frontage access connections that
are being made between City Matfa-ess and over to and across the front .of
the hotel.
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 pomt
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is relatively low and does not conflict with the right haiid m that comes off
ofMonx'oe Avenue into Mamasans property because the access
management plan to Mamasans has a back access road the vast majority of
people leaving the City Mattress have an access to the IIght and will be
traveling along the back ofthe building rather than the front ofthe
building. So the ofher thing those cross access points do in our analysis
that we submitted is tliey do provide a much easier way for fhe emergency
vehicles to get around all those properties fhat are there. So again because
ofthe very lowtraffic we don't feel there will be much ofa conflict there
and we bave added additional signage 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 newparking lot lighting?
MR. SUDOL; No., there are a
couple oflights that need to be relocated but that is it.
MR. BOEHNER: What is the status
in reviewing the access management plan?
MR. SUDOL: Wellthe access
management plan m the context primarily ofthe proposed signal light and
access point, they have been provided all ofthat and they have been
involved &11 along. They have instructed us on where to locate the sensor
loops and they want to see the control panel and tliose types of things and
there is nothmg that impacts the layout in any significant fashion.
MR. BOEI-INER: How is the new
asphalt that is behind the Dunkin Donuts being mitigated?
MR. SUDOL: The impacts will
remain the same.
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MR.CHAIRMAN: Jessdoyou
have any sense as to the overall schedule for the Whole Foods ProJect
assummg the approvals are all done at once.
MR.. SUDOL: It wlll get done at .the
same time as the.Whole Foods Plaza so they would probably .do tihe two
projects at more or less the same time. The signal lighf will have fo be
constructed and that &U ties back in. So it will be very early on.
MR. BABCOCK STINER: Are any .
trees being removed as far as access management?
MR..SUDOL: Thereareno
proposed trees to be removed,
MR. CHAIRMAN: Any additional
lighting?
MR.SUDOL: Nojustrelocatinga
couple oflight poles but no additional lighting because it is all fairly 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 Ilost track of and Iam not sure where itstands. My
understanding there was a loca! document by the developer fo not have
access onto Westfall and Clover, I understand that has not been signed
arid I am curious as to the status ofwhen it will be signed.
MR. .CHAIRMAN: David do you
care to address the status ofthe easement restdcting access?
MR. DOLLINGER: 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: HowwUlweknow
as average citizens' that it is done'? We have been hearing it has been done
for a number ofmonths.
MR. CI-IAIRMAN: Paul is fhat your
maia questioii?
MR. LASLEY: Yes.
MR. CHAIRMAN: We will ask the
developer to come up aad answer as well, Any other questions?
MR. LASLEY: Wlio do I talk fo ifit
doesn't happen?
MR. BOEHNER: Just so you know.
the restricted covenant is not under the Plaiining Board?
MR.LASLEY: Iknowbutasa
resident ofClover I don't want them comingdown the street to this thing,
Monroe you guys can play with it all you want but this is important to me.
MR. CFIAIRMAN: This is a
condition that is bemg filed as a restrictive condition and it is in place of
all ofthe approvals that have been granted.
MR. DOLLINOER: Asfarasl
laiow as oftwo days ago it was all agreed upon by the lawyers and
hopefiilly I will hear firom them..
MR. CHAIRMAN; Mr. Goldmm
would you like to come up and address your understanding ofthe status of
the restricted covehant.
MR.GOLDMAN: Mynameis
Jen-y Goldnian, attomey and agent for the Danielle family. I can tell you
more than my perspective I can tell you that the restrictive covenant has
been agreed to and the Daniel's have signed the covenant and the escrow
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agreement which have been delivered in escrow and are being held in
escrow. The Clover and Allen's Creek Neighborhood Association
attomey Tom Gi-iner at Nixon is now finalizing an acceptance and is going
to be sending along the signatures of the neighborhood association
because there was a slight change in language to incorporate the escrow
and it has to go back to the Town Board to be authorized by the Town
Supervisor and he can't sign it right now. And even though it is agreed
upon by all parties it does require going back to the Town Board meeting
and it has been signed offby the Daniel Family and the Deputy Town
'
Attorriey has not been part of that communication because it is a Town
Board conumssion but the fact ofthe matter is that it has heen futly
executed on the Daniel side with an agreement to sign on fhe
neighborhood's side and an agreement to brihg it before the To-wn Board
to authorize the Supervisor to sign it.
MR. CHAIRMAN: Thanl<
you, Jerry the audiehce is asking what does putting it in escrow meah?
MR. GOLDMAN: The
Town Board resolution said.that is to be filed prior to the issuance ofa
biiilding permit. So it is going to be executed by all the parties and then it
is going to be held imtil it is approaching the time for the building permit
and before any building permit is issued then the restrictive covenant.will •
be recorded.
MR. CHAIRMAN: Thanlc you. We
had two other parties to speak Mai-y Critikos. Thank yoii for coming.
MS. CRITIKOS: And thanl< you for
doing all this work. My name is Mary Critikos of One Gosvenor Road in
Brighton. I ask that the Board consider ttoree conditions on any approval
ofthe project. The first is no approval ofany Amazon Lockers for pick up
and delivery, no restaurant or pub and then truck deliveries limited to two
a day. Thank you very much.
MR.CHAD^MAN: Nextwehave
Mindy ZogKlin.
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MS.ZOGHLIN: Iwillpassand
speak on the next one.
MR. CHAIRMAN: Those are the.
folks that signed up is there anyone else that would like to address this
particular application. Okay we .will move on then.
6P-NB 1-18 Application of Daniel Family Companies, applicant, for
Prelurunary Site Plan Approval to construct a five building retail plaza
totaling 83,700 sf, which mcludes a 50,000 sfWhole Food Store and a
2,000 sfdrive-thru coffee shop on properties located at 2740 Monroe
Avenue 2750 Monroe Avenue, 2800 Mom-oe 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
MEETING PUBLIC HEARING REMAINS OPEN.
9P-06-18 Application of Daniel Family Compames (Daniele SPC,LLC)
owner for Plnal Site Plan Approval to construct a five building retail plaza
totaling 83,700 sf, which iticludes a 50,000 sf Whole Foods Store and a
2,000 sfdrive thru coffee shop on properties located at 2740 Mornoe
Avnue, 2750 Mom-oe Avenue, 2800 Monroe Avenu®,a portion of 175.
Allens Creek Road and a portion of 2259 Clover Street. All as described
on application and plans on file.
MR, SUDOL: Good evening Jess
Sudol from Pasefo Associates on behalfofthe Daniele Family Companles.
Tbis is similar to the previous application and we have spent fhe last half .
year reviewing tlieWhole Foods Plaza application and made a lot of
significan.t improvements to the layout and circulation including 'buildmgmaking
bwlding 2 smaller, adding the new patli site and moving 5 to
better frame the eastern part ofthe project and made extensive
improvements of-the trail and also to cai-efully eliminate the curb cuts all
ofthese things we have previously presented to this board.. There have
been. some minor changes m respons^ to the Board and the Town's
engmeeriag and fhe plamier over the course ofthe last month and I will
briefly go througli some ofthese. To start with there was some discussion
on fire access and what would happen ifthere was ever an emergency and
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for some reason both entrances on Monroe Avenue were ever blocked.
And although a fae truck woiild be able to enter onto the site via the trail
andjust before it gets to the site there is a gate there so that no one could .
accidentally wander there vehicle in there and access the site and that gate
occurs just before the trail and veers offto the south and the west so the
gate doesn't block or hinder the trail what so ever but it does hinder
anyone who chances to go down there. But at the same tune ifthe very
unlucky event that there is an emergency fhose emergency vehicles could
get down there ifthey absolutely needed to and that gate does comply with
all the conditions ofthat restdcted covenant.
We have made a significant amount
ofimprovements inmy opmion and most ofthose are with respect to
landscaping. Since it was last seen here we will go through the
landscaping plan in far more detail on all the varloys plantings on the
entire site. There are street trees and also around all ofthe proposed
building envelope andthere is extensive detail included and atthe Board's
request we have shown all ofthe existing vegetatioh and fhoge are the gray
circles you see and also the Board has in front ofyou a map showmg the
landscaping and the purpose of that was to show you those potential gaps
and to insure you the landscaping wo.uld fdl in those gaps fiom Clover
Sti'eet back towards theproject and I thirik we have dohe a fairly goodjob
in showing those gaps being filled in.
Now another area I waiit to pomt out
is the plaza area near building 2, and quite some time ago that buildlng
wasjust a rectangle and we then took out that entire plaza ai-ea to create a
recreation area for somebody to sit down when fheir wife or husband is
shopping orjust to sit out there and enjoy the day. We are showing a
significant amount of landscaping that we aren't showing fhere and also
foimdation plantings along the entire frontage ofthe buUding and also a
tree lawn concept where previously it was just a sidewalk that went along
and up to the curb alongthe entire frontage. Now we are proposing an
exposed aggregate concrete suiface fpr the first five feet behind the
concrete curb followed by trees that will be planted inslde that tree lawn
fhat will kind ofhelp frame that building and none ofthat was previously
'We
proposed. We think that is a fairly significant improv'ement. have
also extended and caiTied over the exposed aggregate concept on some'of
the islands in front ofthe Whole Foods building on the western slde ofthe
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project and also made those sidewalks a little bit more linear and
introduced additional landscaping to give those areas a lot more character
which I think are fakly significant improvements for the pedestrian
population.
We did meet with the Conservation
Board and I Imow they did concur with those improvements and they had
very few if any comments and approved the project as presented and they
were appreciative ofthe amount ofdetail we put into the proposed plan
and all the other details we provided for them. So as. a result the
Conservation Boai-d did approve the landscaping as proposed.
Just a couple of other items I wanted
to touch on. Since the last meeting Whole Foods has issued a letter .
regacding the tmck traffio based on those who have read the traffic study
Whole Foods oon&ms what was foi.md in thattraffic study in the FEIS,
Just as a reminder the traffic study is part ofthe environmental review and
there is a lot ofwork at the Town Board level. The traffic study was based
on the proposed use as we represented all along. There was aa extensive
amount oftrip generations research that was performed by the traffic
engineer for Whole Foods and using the ITE manual and using the Whole
Foods that were built across the east including the one in Buffalo and in
'We
every single case those numbers were higher than what we received,
kiiow that Star b'ucks is Starbucks and we were very easily able to
determine the projected mimber oftrips coming fi-om Starbucks and then
for the rest ofthe project ITE has specialty retail and it achially says it is
based on proposed use and it also goes hand in haiid with buildirig size.
And so it is use along with building size and it uses 50,000 sffor size aud
here we only have 30,000 sfand remember it doesn't include the 50,000sf
Whoie Foods. So the traffic study was based on use and it was reviewed
in an extensive detail and ultimately acceptedby NYS DOT, Coimty
DOT and the Town's traffic engmeer consultant. So all three ofthose
entities agreed and accepted the traffic study t6 the maximuna extent
possible and after that we reduced the density by 6300 sf so we improved
the conditions even more from the actual approved traffic study.
Some other documents that were
submitted as part ofthis fmal site plan is the architect did point out a
conceptual layout for the whole pla'za which was specifically requested
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that ofoourse has not been finalized yet because we haven't entered the
constmction document phase but I think it is a good representation of
essentiaUy how the plaza wiillook for the Who]e Foods Plaza and will
provide similarspacefortherestofthebuildings. Since the last meeting
all five buildings were brought before fhe Architectural Review Board
who also issued an approval based on modifications to ensure we were
screening some offhe the rooftop units. So again the Conservation Board
issued their approval and the Archltectural Review Board isszied their
approval and now we are here before you this evening .
Justtobrieflytouchonsomeofthe .
other issues or questions that have come up regarding what else could
possibly be in this plaza as far as restaurants and what have you. In reality
we have presented a 50,000 sf grocery store and that is what the incentive
zouing is based on and that is what our site plan is based on so any
additional use Whole Foods should wish to pursue would absohtely be
subject to review by this board, subject to environmental review and most
likely a conditional use permit. So by no way would a 50,000 sf gi-ocery
store give Whole Foods the abilityto do other uses wiihout fiirther review.
I wanted to clarify that. In terms ofwhere the project stands and how it 1s
going tobe built o'bviously this board has approved previous demolition
applications for fhree existing buildings Jncliiding Maiio's, Clovei- Lanes
and Mamasans. Obviously the first item would be to seciire the site. We
would then demqlish the buildings aiid pretty much at the onset ofthe
project we would start working on the trail construction. So we coiild
relocate the trail and then comer it offwith security fencing and construcf
the rest ofthe project without impeding the ability to use that trail because
it is self serving not to have people walking through our construction site.,
8o with that I was jfelatively briefbecause we have discussed this al
previous meetings and I would be happy to answer any questions.
MR.CHAIRMAN: Thankyou,
just to be olear we did receive the floor plm, the roof.plan and all the
building elevatiohs that were requested and it was your testimony tonight
that these plans do not show a restaurant or pub or Amazon lockers, I
would ask about the other ones ifyou don't mind Ramsey.
MR. BOEI-INER: Go ahead.
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MR, CHAIRMAN: The drawing
does indicate lockers we ai-e assiiming those are for employees in the baok.
ofthe building next to the bathrooms. So we can declare those are not
lockers.
MR.SUDOL: WecancaUthem
cubbies.
MR. CHAIRMAN: and there is no
proposed pub or restaurant or Amazon lockers.
MR. SUDOL: That is correct.
MR.CHAIRMAN: Conservation
has approved, Architectural Review has reviewed the landscape, any
major changes in regard to engineering that you are aware of? It has been
handled the way it has always been handled.
MR.SUDOL: Yes, there are no
majpr changes, Mr. Guyon have gone back and forth down to moving this
pipe a little bit but it has been. very minor stuffmore or less the general
intent ofthe design has not changed at all, underground.we have made
circulation changes but nothmg major,
MR. CHAIR.MAN: For the record
we did receive the letter from Whole Poods regarding the truck traffic and
your consultant engineer will deal wifh that, Any questions?
MR. WENTWORTH: How wiU
your land banlced parking between building 5 and Monroe Avenue be
landscaped
Preview
FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM INDEX NO. E2018002961 NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3123604 Book Page CIVIL Return To: No. Pages: 85 MINDY LEE ZOGHLIN 300 State Street, Suite 502 Instrument: EXHIBIT(S) Rochester, NY 14614 Control #: 202206301529 Index #: E2018002961 Date: 06/30/2022 Brighton Grassroots, LLC Time: 4:51:32 PM JACOBSON, HOWARD R. HWANG, MARGERY KERRY, ROBERTA GRANT, DAVID G. TOWN OF BRIGHTON TOWN OF BRIGHTON TOWN BOARD TOWN OF BRIGHTON PLANNING BOARD M&F, LLC DANIELE SPC, 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 202206301529 Index # INDEX : E2018002961 NO. E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 EXHIBIT H 202206301529 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 -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. PRBSENT: WiUiamPrice Justln Babcock Stiner Laura Giviletti . Pamela Delaney James Weritworth John. Osowski NOTPRESENT: DavidFader Ramsey Boebier: Town Plamxer David Dolllnger, Dpty Town Attorney PIRE-ALARM PROCBDURBS WERE GIVEN MR.CHAIRMAN: Goodevening Ladies and Gentlemen, I woiild like to call to order the September 17, 2018meetingoftheTownofBrighton'sPlamimgBoardtoorder. We do have the minutes for the July 18,2018 meeting. Can I have a motion to approve the minutes with any corrections MS. CIVILETTI: Imoveto approve the July 18, 2018 minutes with any correctioris. IvIR. OSOWSKI: Second. MR. WENTWORTH ABSTAINED SINCE HE WAS NOTPRESENT ATTHATMBETING UPON ROLL CALL VOTE MOTION CARRffiD MR. CHAIRMAN: We will approve the Augxi.st 15, 2018 meeting at the October meeting. MR. CHAIRMAN: Mr. Secretary, were the hearings properly advertised? PB Record 024430 202206301529 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 -2- MR.BOEHNER: Yes,theywere prdperly advertised in the Brighton Pittsford Post of September 6, 2018. MR. CHAIRMAN: Before we start the hearings tonight I would like to point out the one application being 3P- NB 1-18 has been withdrawn by the applicant. 6P-01-18 Applicatioin ofDaniel Family Companies, applicant, for Site Plan Modification to constmct shared parking and access, known as the Access Management Plan, on and across.2835 Mpnroe Avenue 2815 Monroe Avenue, 2799 Monroe Avenue, 2787 Mpnroe Avenue, 2775 Monroe Avenue, 2735 Monroe Avenue, 2729 Monroe Avenue and 2717 Monroe Avenue, All as descnbed 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 fhis evening on behalfofthe Daniele Family Companies, who are also here with us. We were last here a month ago and the access plaii remams largely the same as it origirially was. We will not go over.the details of that because we have been over that for tihe past few months. But it was a condition ofthe incentive zoning approval that we construct across access for the properties on the south side of Monroe Avenue to access a new signal light specifically for left tiuns into and out ofth.e facility and we have spent the last few months going over the Plannmg Board and the TownEngineerscommentsandhaveaddressallofthosetodate. With . that I would be happy to address any additional questioiis the Plaririing Board may have. MR. CHAIRMAN: Jess, have you taken a look at any confllict points on the frontage access connections that are being made between City Matfa-ess and over to and across the front .of the hotel. 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 pomt PB Record 024431 202206301529 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 -3- is relatively low and does not conflict with the right haiid m that comes off ofMonx'oe Avenue into Mamasans property because the access management plan to Mamasans has a back access road the vast majority of people leaving the City Mattress have an access to the IIght and will be traveling along the back ofthe building rather than the front ofthe building. So the ofher thing those cross access points do in our analysis that we submitted is tliey do provide a much easier way for fhe emergency vehicles to get around all those properties fhat are there. So again because ofthe very lowtraffic we don't feel there will be much ofa conflict there and we bave added additional signage 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 newparking lot lighting? MR. SUDOL; No., there are a couple oflights that need to be relocated but that is it. MR. BOEHNER: What is the status in reviewing the access management plan? MR. SUDOL: Wellthe access management plan m the context primarily ofthe proposed signal light and access point, they have been provided all ofthat and they have been involved &11 along. They have instructed us on where to locate the sensor loops and they want to see the control panel and tliose types of things and there is nothmg that impacts the layout in any significant fashion. MR. BOEI-INER: How is the new asphalt that is behind the Dunkin Donuts being mitigated? MR. SUDOL: The impacts will remain the same. PB Record 024432 202206301529 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 .4- MR.CHAIRMAN: Jessdoyou have any sense as to the overall schedule for the Whole Foods ProJect assummg the approvals are all done at once. MR.. SUDOL: It wlll get done at .the same time as the.Whole Foods Plaza so they would probably .do tihe two projects at more or less the same time. The signal lighf will have fo be constructed and that &U ties back in. So it will be very early on. MR. BABCOCK STINER: Are any . trees being removed as far as access management? MR..SUDOL: Thereareno proposed trees to be removed, MR. CHAIRMAN: Any additional lighting? MR.SUDOL: Nojustrelocatinga couple oflight poles but no additional lighting because it is all fairly 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 Ilost track of and Iam not sure where itstands. My understanding there was a loca! document by the developer fo not have access onto Westfall and Clover, I understand that has not been signed arid I am curious as to the status ofwhen it will be signed. MR. .CHAIRMAN: David do you care to address the status ofthe easement restdcting access? MR. DOLLINGER: 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 202206301529 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 -5- ' MR.LASLEY: HowwUlweknow as average citizens' that it is done'? We have been hearing it has been done for a number ofmonths. MR. CI-IAIRMAN: Paul is fhat your maia questioii? MR. LASLEY: Yes. MR. CHAIRMAN: We will ask the developer to come up aad answer as well, Any other questions? MR. LASLEY: Wlio do I talk fo ifit doesn't happen? MR. BOEHNER: Just so you know. the restricted covenant is not under the Plaiining Board? MR.LASLEY: Iknowbutasa resident ofClover I don't want them comingdown the street to this thing, Monroe you guys can play with it all you want but this is important to me. MR. CFIAIRMAN: This is a condition that is bemg filed as a restrictive condition and it is in place of all ofthe approvals that have been granted. MR. DOLLINOER: Asfarasl laiow as oftwo days ago it was all agreed upon by the lawyers and hopefiilly I will hear firom them.. MR. CHAIRMAN; Mr. Goldmm would you like to come up and address your understanding ofthe status of the restricted covehant. MR.GOLDMAN: Mynameis Jen-y Goldnian, attomey and agent for the Danielle family. I can tell you more than my perspective I can tell you that the restrictive covenant has been agreed to and the Daniel's have signed the covenant and the escrow PB Record 024434 202206301529 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 -6- agreement which have been delivered in escrow and are being held in escrow. The Clover and Allen's Creek Neighborhood Association attomey Tom Gi-iner at Nixon is now finalizing an acceptance and is going to be sending along the signatures of the neighborhood association because there was a slight change in language to incorporate the escrow and it has to go back to the Town Board to be authorized by the Town Supervisor and he can't sign it right now. And even though it is agreed upon by all parties it does require going back to the Town Board meeting and it has been signed offby the Daniel Family and the Deputy Town ' Attorriey has not been part of that communication because it is a Town Board conumssion but the fact ofthe matter is that it has heen futly executed on the Daniel side with an agreement to sign on fhe neighborhood's side and an agreement to brihg it before the To-wn Board to authorize the Supervisor to sign it. MR. CHAIRMAN: Thanl< you, Jerry the audiehce is asking what does putting it in escrow meah? MR. GOLDMAN: The Town Board resolution said.that is to be filed prior to the issuance ofa biiilding permit. So it is going to be executed by all the parties and then it is going to be held imtil it is approaching the time for the building permit and before any building permit is issued then the restrictive covenant.will • be recorded. MR. CHAIRMAN: Thanlc you. We had two other parties to speak Mai-y Critikos. Thank yoii for coming. MS. CRITIKOS: And thanl< you for doing all this work. My name is Mary Critikos of One Gosvenor Road in Brighton. I ask that the Board consider ttoree conditions on any approval ofthe project. The first is no approval ofany Amazon Lockers for pick up and delivery, no restaurant or pub and then truck deliveries limited to two a day. Thank you very much. MR.CHAD^MAN: Nextwehave Mindy ZogKlin. PB Record 024435 202206301529 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 -7- MS.ZOGHLIN: Iwillpassand speak on the next one. MR. CHAIRMAN: Those are the. folks that signed up is there anyone else that would like to address this particular application. Okay we .will move on then. 6P-NB 1-18 Application of Daniel Family Companies, applicant, for Prelurunary Site Plan Approval to construct a five building retail plaza totaling 83,700 sf, which mcludes a 50,000 sfWhole Food Store and a 2,000 sfdrive-thru coffee shop on properties located at 2740 Monroe Avenue 2750 Monroe Avenue, 2800 Mom-oe 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 MEETING PUBLIC HEARING REMAINS OPEN. 9P-06-18 Application of Daniel Family Compames (Daniele SPC,LLC) owner for Plnal Site Plan Approval to construct a five building retail plaza totaling 83,700 sf, which iticludes a 50,000 sf Whole Foods Store and a 2,000 sfdrive thru coffee shop on properties located at 2740 Mornoe Avnue, 2750 Mom-oe Avenue, 2800 Monroe Avenu®,a portion of 175. Allens Creek Road and a portion of 2259 Clover Street. All as described on application and plans on file. MR, SUDOL: Good evening Jess Sudol from Pasefo Associates on behalfofthe Daniele Family Companles. Tbis is similar to the previous application and we have spent fhe last half . year reviewing tlieWhole Foods Plaza application and made a lot of significan.t improvements to the layout and circulation including 'buildmgmaking bwlding 2 smaller, adding the new patli site and moving 5 to better frame the eastern part ofthe project and made extensive improvements of-the trail and also to cai-efully eliminate the curb cuts all ofthese things we have previously presented to this board.. There have been. some minor changes m respons^ to the Board and the Town's engmeeriag and fhe plamier over the course ofthe last month and I will briefly go througli some ofthese. To start with there was some discussion on fire access and what would happen ifthere was ever an emergency and PB Record 024436 202206301529 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 -8- for some reason both entrances on Monroe Avenue were ever blocked. And although a fae truck woiild be able to enter onto the site via the trail andjust before it gets to the site there is a gate there so that no one could . accidentally wander there vehicle in there and access the site and that gate occurs just before the trail and veers offto the south and the west so the gate doesn't block or hinder the trail what so ever but it does hinder anyone who chances to go down there. But at the same tune ifthe very unlucky event that there is an emergency fhose emergency vehicles could get down there ifthey absolutely needed to and that gate does comply with all the conditions ofthat restdcted covenant. We have made a significant amount ofimprovements inmy opmion and most ofthose are with respect to landscaping. Since it was last seen here we will go through the landscaping plan in far more detail on all the varloys plantings on the entire site. There are street trees and also around all ofthe proposed building envelope andthere is extensive detail included and atthe Board's request we have shown all ofthe existing vegetatioh and fhoge are the gray circles you see and also the Board has in front ofyou a map showmg the landscaping and the purpose of that was to show you those potential gaps and to insure you the landscaping wo.uld fdl in those gaps fiom Clover Sti'eet back towards theproject and I thirik we have dohe a fairly goodjob in showing those gaps being filled in. Now another area I waiit to pomt out is the plaza area near building 2, and quite some time ago that buildlng wasjust a rectangle and we then took out that entire plaza ai-ea to create a recreation area for somebody to sit down when fheir wife or husband is shopping orjust to sit out there and enjoy the day. We are showing a significant amount of landscaping that we aren't showing fhere and also foimdation plantings along the entire frontage ofthe buUding and also a tree lawn concept where previously it was just a sidewalk that went along and up to the curb alongthe entire frontage. Now we are proposing an exposed aggregate concrete suiface fpr the first five feet behind the concrete curb followed by trees that will be planted inslde that tree lawn fhat will kind ofhelp frame that building and none ofthat was previously 'We proposed. We think that is a fairly significant improv'ement. have also extended and caiTied over the exposed aggregate concept on some'of the islands in front ofthe Whole Foods building on the western slde ofthe PB Record 024437 202206301529 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 -9- project and also made those sidewalks a little bit more linear and introduced additional landscaping to give those areas a lot more character which I think are fakly significant improvements for the pedestrian population. We did meet with the Conservation Board and I Imow they did concur with those improvements and they had very few if any comments and approved the project as presented and they were appreciative ofthe amount ofdetail we put into the proposed plan and all the other details we provided for them. So as. a result the Conservation Boai-d did approve the landscaping as proposed. Just a couple of other items I wanted to touch on. Since the last meeting Whole Foods has issued a letter . regacding the tmck traffio based on those who have read the traffic study Whole Foods oon&ms what was foi.md in thattraffic study in the FEIS, Just as a reminder the traffic study is part ofthe environmental review and there is a lot ofwork at the Town Board level. The traffic study was based on the proposed use as we represented all along. There was aa extensive amount oftrip generations research that was performed by the traffic engineer for Whole Foods and using the ITE manual and using the Whole Foods that were built across the east including the one in Buffalo and in 'We every single case those numbers were higher than what we received, kiiow that Star b'ucks is Starbucks and we were very easily able to determine the projected mimber oftrips coming fi-om Starbucks and then for the rest ofthe project ITE has specialty retail and it achially says it is based on proposed use and it also goes hand in haiid with buildirig size. And so it is use along with building size and it uses 50,000 sffor size aud here we only have 30,000 sfand remember it doesn't include the 50,000sf Whoie Foods. So the traffic study was based on use and it was reviewed in an extensive detail and ultimately acceptedby NYS DOT, Coimty DOT and the Town's traffic engmeer consultant. So all three ofthose entities agreed and accepted the traffic study t6 the maximuna extent possible and after that we reduced the density by 6300 sf so we improved the conditions even more from the actual approved traffic study. Some other documents that were submitted as part ofthis fmal site plan is the architect did point out a conceptual layout for the whole pla'za which was specifically requested PB Record 024438 202206301529 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 -10- that ofoourse has not been finalized yet because we haven't entered the constmction document phase but I think it is a good representation of essentiaUy how the plaza wiillook for the Who]e Foods Plaza and will provide similarspacefortherestofthebuildings. Since the last meeting all five buildings were brought before fhe Architectural Review Board who also issued an approval based on modifications to ensure we were screening some offhe the rooftop units. So again the Conservation Board issued their approval and the Archltectural Review Board isszied their approval and now we are here before you this evening . Justtobrieflytouchonsomeofthe . other issues or questions that have come up regarding what else could possibly be in this plaza as far as restaurants and what have you. In reality we have presented a 50,000 sf grocery store and that is what the incentive zouing is based on and that is what our site plan is based on so any additional use Whole Foods should wish to pursue would absohtely be subject to review by this board, subject to environmental review and most likely a conditional use permit. So by no way would a 50,000 sf gi-ocery store give Whole Foods the abilityto do other uses wiihout fiirther review. I wanted to clarify that. In terms ofwhere the project stands and how it 1s going tobe built o'bviously this board has approved previous demolition applications for fhree existing buildings Jncliiding Maiio's, Clovei- Lanes and Mamasans. Obviously the first item would be to seciire the site. We would then demqlish the buildings aiid pretty much at the onset ofthe project we would start working on the trail construction. So we coiild relocate the trail and then comer it offwith security fencing and construcf the rest ofthe project without impeding the ability to use that trail because it is self serving not to have people walking through our construction site., 8o with that I was jfelatively briefbecause we have discussed this al previous meetings and I would be happy to answer any questions. MR.CHAIRMAN: Thankyou, just to be olear we did receive the floor plm, the roof.plan and all the building elevatiohs that were requested and it was your testimony tonight that these plans do not show a restaurant or pub or Amazon lockers, I would ask about the other ones ifyou don't mind Ramsey. MR. BOEI-INER: Go ahead. PB Record 024439 202206301529 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 04:49 PM NYSCEF DOC. NO. 779 RECEIVED NYSCEF: 06/30/2022 -11- MR, CHAIRMAN: The drawing does indicate lockers we ai-e assiiming those are for employees in the baok. ofthe building next to the bathrooms. So we can declare those are not lockers. MR.SUDOL: WecancaUthem cubbies. MR. CHAIRMAN: and there is no proposed pub or restaurant or Amazon lockers. MR. SUDOL: That is correct. MR.CHAIRMAN: Conservation has approved, Architectural Review has reviewed the landscape, any major changes in regard to engineering that you are aware of? It has been handled the way it has always been handled. MR.SUDOL: Yes, there are no majpr changes, Mr. Guyon have gone back and forth down to moving this pipe a little bit but it has been. very minor stuffmore or less the general intent ofthe design has not changed at all, underground.we have made circulation changes but nothmg major, MR. CHAIR.MAN: For the record we did receive the letter from Whole Poods regarding the truck traffic and your consultant engineer will deal wifh that, Any questions? MR. WENTWORTH: How wiU your land banlced parking between building 5 and Monroe Avenue be landscaped