After four years of back and forth, nay votes prevailed Tuesday as Town Planning Board members nixed plans for a long-debated 62-unit condominium townhouse project at 995 County Road 9. The project would have been part of a 78-unit complex that stretches across town and village lines.
While residents are happy, Planning Board Chair Ernie Santoro said he fully expects the project developer to formally appeal the decision in New York State Supreme Court, 7th Judicial District, within the next 30 days.
The Gullace project, formally known as Lynaugh Road Properties LLC, has drawn fire in recent years from residents who cite traffic issues, density complaints and general incongruity with existing neighborhoods. In that time the project has undergone five site plan revisions, two negative SEQRA declarations, multiple traffic and environmental studies, two public hearings lasting a combined nine months, and reviews by the village of Victor and the Ontario County Planning Board.
After brief discussion, two affirmative votes came from Santoro and Vice Chair Joe Logan. Casting negative votes were Richard Seiter, Al Gallina and Heather Zollo.
“I’m glad we got a vote one way or another,” said Santoro, looking back at the board’s Sept. 11 meeting when the resolution floundered and was tabled for lack of a second to the motion.
Lynaugh Road Properties LLC now has the option of filing an Article 78 appeal with the New York State Supreme Court for Ontario County challenging the legality of the board’s decision.
“We fully anticipate that they will,” said Santoro. “The court could send it back for further review. They could send it back with comments and requirements, they could change the whole thing based on what the developer asked for on their application, they could make additions, make it better, make it worse. And that’s what we’re looking at.”