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.
Preview
FILED: MONROE COUNTY CLERK 06/30/2022 05:19 PM INDEX NO. E2018002961
NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 06/30/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3123669
Book Page CIVIL
Return To: No. Pages: 8
MINDY LEE ZOGHLIN
300 State Street, Suite 502 Instrument: EXHIBIT(S)
Rochester, NY 14614
Control #: 202206301588
Index #: E2018002961
Date: 06/30/2022
Brighton Grassroots, LLC Time: 5:23:48 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
202206301588 Index #
INDEX : E2018002961
NO. E2018002961
FILED: MONROE COUNTY CLERK 06/30/2022 05:19 PM
NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 06/30/2022
EXHIBIT S
202206301588 IndexNO.
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FILED: MONROE COUNTY CLERK 06/30/2022 05:19 PM
NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 06/30/2022
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25. The number of seats for the restaurant on Lots C and D must comply
with the number ofparkmg spaces provided onsite or a variance from
the Zomng Board of Appeals must be obtained.
26. Pursuant to Section 205-18 ofthe Comprehensive Development .
Regulations ttie setback requirements for parking, paved area or aisles
is granted for implementation ofthe 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 dytiamic character leaning forward with
a sense ofmovement as required by Secretary ofState pursuant to
section one hundred ofthe Executive Law.
28. All conditiojfis and requirements offhe Town Board incentive zoning
approval for fhis project shall be satisfied.
29. The plan as revised shows the privacy vents being installed along the
southern boundary ofthe project.
MR. WENTWORTH: Second.
UPON ROLL CALL VOTE MOTION UNANIMOUSLY CARRIED
6P-NB 1-18 Application of Daniel Faraily Companies, applicant, for
Preliminary Site Plan Approval to constmct a Jave building retail plaza
totalmg 83,700 sf, which includes a 50,000 sfWhole Food Store and a
2,000 sfdrive-thizi 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
MEETING PUBLIC HEARING REMAINS OPEN.
9P-06-18 Application ofDaniel Family Companies (Daniele SPC,LLC)
owner for Final Site Plan Approval to construct a five bxiilding retail plaza
totaling 83,700 sf, wliich includes a 50,000 sf WholG Foods Store and a
2,000 sfdrive thru coffee shop on properties located at 2740 Monroe
PB Record 024483
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FILED: MONROE COUNTY CLERK 06/30/2022 05:19 PM
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Avenue, 2750 Monroe Avenue, 2800 Monroe Avenue, a portion of 175
Allens Creek Ro&d and a portion of 2259 Clover Street. All as described
on application and plans on file.
MR. OSOWSKI: I move to dose 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 ai-e consistent with the
Findings Statement adopted by the Plarming Board on August 15,2018.
I move the Planning Board approves the application based on the
testimony given, plans siibmitted and wittbi fhe following conditlons,
1. An Operational Permit shall be obtained from the Town ofBrighton's
Fire Marshal (Chris Roth 585-784-5220)
2. All buildings shall comply wifh the most cuiTent Building and Fire
Codes ofNew York State.
3. Prior to issuance of any building pennits, all plans for.utility and
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 fhe
applicant's request.
PB Record 024484
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6. The project and its constmction 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
responslble to monitor erosion co.ntrol, erosion control stmctui'es, tree
protection and preservation throughout constmction.
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 pnmed, 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 maintenance or
removal oftress shall comply with the requirements ofthe Town's
Excavation and Clearing (Chapter 66). Trees (Chapter 175) and ofher
pertinent regulations and shall be registered and shall carry insurance
as required by Chapter 175 ofthe Comprehensive Development
Regulations.
11. Dumpsters shal.1 be enclosed with building materials.that are
compatible with the existing building and located in the rear yard. The
enclosure shall equal the height ofthe dumpster.
12. The parking lot shall be striped be in place prlor to issuance ofa
building permit.
13. All outstanding Site Plan comments and concerns ofthe Town
Engineer and Fire Marshal shall be addressed.
14. All outstandihg Site Plan comments and concems ofthe Town
Engineer regardmg 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
ofthebuilding.
PB Record 024485
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16. All other reviewing agencies must issue their approval prior to the
Department ofPublic Works issumg its final approval.
17. A letter ofcredit shall be provided to cover certain aspects ofthe
project. Including, but not limited to demolition, landscaping,
stomiwater mitigation and mfrastructure and erosion control. The
applicanfs engineer shall prepare an itemized estimate ofthe scope of
the project as a basis for the letter ofcredit.
18. The proposed building shall be sprinklered in accordance withTowa
requirements.
19. Erosion control measures shall be in place prior to site distm'bance.
20. The applicant shall review the site plan, elevations and floor ptns to
ensure that the areas aad dimensions pro^?ided on those plans agree
with one another. Elevation drawings showing fhe height ofthe
structiire in relationsliip to proposed grade as shown on the approyed
site plan shall be submitted. Any change to plans shall be reviewed by
•
the BuUdmg and Planning Department and may requlre Planmng
Board approval.
21, The location ofany proposed generators shall be sbown on the site
plan. AU lequireraents ofthe Comprehensive Development
Regulations shall be met or a variance shall be obtained from the
of Appeals.
22. The location of the HVAC shall be shown on the site plan.
23. All comments and concerns ofthe 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 bullding and site plan must comply with the New York
State Fire Code. The Town ofBrighton Fire ]V[arsbal inust review the
fire apparatus access and fire hydrant locations. The Pire Apparatus
Access and F.ire Hydrant Worksliest must be coxnpleted and. sxibmitted
to the Town ofBrlghton for review.
PB Record 024486
202206301588 IndexNO.
INDEX #: E2018002961
E2018002961
FILED: MONROE COUNTY CLERK 06/30/2022 05:19 PM
NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 06/30/2022
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25. A letter or memo in response to all Plaiming Boai'd 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 ofmovement as required by Secretary of State pursuant to
section one hundred ofthe Executive Law
27. All conditions and requirements oflhe Town Boai-d jncentive 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 aad Lot 2. A copy ofan}' filed
easements shall be submitted to the Building and Planning Department
for its records..
29. The plahs must demonstrate howthe public pedestrian waLkway will
be maintamed during demolition and consta-uction.
30. All mitigation measures must be satisfied.
31. The engmeer ofrecord must verify that the Whole Poods 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 ofthe bus shelter shall be submitted . Confirmation must be
submitted that RTS will continue to serve the proposed bus shelter.
1
34, The site plan'shall show all trees to be removed.
35, The proposed generator shall meet all requirements ofthe Town Code
or Platming Board approval shall be obtained. Section 207-14.4 ofthe
Com.prehensive Development regulations shall be addressed.
36. The lighting plan shall use LED light fixtures or the latest generation
ofenergy efficient fixtures into the project, All lighting shall meet dark
sky requu-ements, The color temperatiu-e ofthe light shall be 3000K.
PB Record 024487
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INDEX #: E2018002961
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FILED: MONROE COUNTY CLERK 06/30/2022 05:19 PM
NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 06/30/2022
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37. Emergency aecess by first responders should be provided, The access
shall be secured by a gate and lick under control oftheTonw or such
first responders.
38. Ifand when restauranVpub is proposed a conditional use permit shall
be obtained from the Planning Board.
39. Prior to outdoor storage or display ofgoods, merchandise or
equipment a conditional permit shall be obtained from the Plaiming
Board.
40. Amazon lockers proposed for the Town's approval maybe necessary.
41. Prior to issuance ofbuilding permits for the project State and Coynty
approvals shall be obtained.
MS.DELANEY: Second.
UPON ROLL CALL VOTE MOTION UNANIMOUSLY CARRJED
6P-NB2-18 Application ofFirst Baptist Church, owner, for Preluninary
Siibdivision 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 18, 2018 MEETING - PUBLIC pmARING
REMAINS OPEN
7P-03-18 Application ofFirst Baptist Church, owner, for Final
Subdivision Approval to create two lots from one on property located at
75 AUen Creek Road. All as described on application and plms on file.
TABLED AT THE JULY 18,2018 MEETING PUBLIC I-IEARD^G
REMAINS OPEN
IVIR. W.ENTWORTH: I move to
close the public hearing.
MR. BABCOCK STINER: Second.
PB Record 024488