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  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell v. Town Of Brighton, Town Of Brighton Town Board, Town Of Brighton Planning Board, M&F, Llc, Daniele Spc, Llc, Mucca Mucca Llc, Mardanth Enterprises, Inc., Daniele Management, Llc, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell v. Town Of Brighton, Town Of Brighton Town Board, Town Of Brighton Planning Board, M&F, Llc, Daniele Spc, Llc, Mucca Mucca Llc, Mardanth Enterprises, Inc., Daniele Management, Llc, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell v. Town Of Brighton, Town Of Brighton Town Board, Town Of Brighton Planning Board, M&F, Llc, Daniele Spc, Llc, Mucca Mucca Llc, Mardanth Enterprises, Inc., Daniele Management, Llc, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell v. Town Of Brighton, Town Of Brighton Town Board, Town Of Brighton Planning Board, M&F, Llc, Daniele Spc, Llc, Mucca Mucca Llc, Mardanth Enterprises, Inc., Daniele Management, Llc, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell v. Town Of Brighton, Town Of Brighton Town Board, Town Of Brighton Planning Board, M&F, Llc, Daniele Spc, Llc, Mucca Mucca Llc, Mardanth Enterprises, Inc., Daniele Management, Llc, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell v. Town Of Brighton, Town Of Brighton Town Board, Town Of Brighton Planning Board, M&F, Llc, Daniele Spc, Llc, Mucca Mucca Llc, Mardanth Enterprises, Inc., Daniele Management, Llc, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell v. Town Of Brighton, Town Of Brighton Town Board, Town Of Brighton Planning Board, M&F, Llc, Daniele Spc, Llc, Mucca Mucca Llc, Mardanth Enterprises, Inc., Daniele Management, Llc, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell v. Town Of Brighton, Town Of Brighton Town Board, Town Of Brighton Planning Board, M&F, Llc, Daniele Spc, Llc, Mucca Mucca Llc, Mardanth Enterprises, Inc., Daniele Management, Llc, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
						
                                

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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. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 05:19 PM NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 06/30/2022 -54- 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 202206301588 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 05:19 PM NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 06/30/2022 -55- 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 202206301588 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 05:19 PM NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 06/30/2022 -56- 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 202206301588 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 05:19 PM NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 06/30/2022 -57- 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 -58- 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 202206301588 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 06/30/2022 05:19 PM NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 06/30/2022 -59" 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