Town Board's decision

History of Legacy & 1788 Titus Ave Zoning Change Request

2003:  Project unanimously rejected by Town Board vote as thousands of residents protest the project.

2004:  Town Board amends Zoning Code with support of Residents and under guidance of professional

         Planner.  The People decided the Titus Corridor was to remain Residential.

2006:  Town Leaders rejected another request by Applicant to change zoning.

2008:  Town Leaders rejected another request by Applicant to change zoning.

               money enters the process:

2009:  Developer makes campaign donation to new candidate for Town Board.

2010:  Developer granted $4.2 million assessment reduction from Town Officials.

2010:  Town Leaders agree to accept Developer's application to change zoning.

2011:  Town Leaders, in "back-room" meeting, discuss secret land deal with developer.

2011:  Town Board formally accepts the Application to change the zoning at 1788 Titus Ave. 

2011:  Planning Board is informed the project is a Comprehensive Plan matter.  Planning Board makes

           recommendation to Town Board to change zoning without any mention of non-compliance with any

           town zoning code; with no mention of total non-compliance with town comprehensive plan; with no

           mention of NYS zoning enabling statutes.

2011:  Town Board Members were informed the request is a Comprehensive Plan matter.

2011:   Town Board Members were presented with the State Zoning Enabling Statutes which clearly require

            that all zoning changes be in accordance with a comprehensive plan.

2011:   At the Public Hearing to change zoning:

            Supervisor states the project will generate money.

            Supervisor states she wants old people to sell their homes and move into senior centers.

            Town Board failed to mention non-compliance with the comprehensive plan.

            Town Board ignored requirement of NYS Zoning Enabling Statutes.

            Town Board ignored requirements of SEQRA.

            Town Board never mentioned the project is non-compliant with any zoning code.

            Town Board refused to display details of the non-compliant project.

            Town Board never discussed the history and character of the neighborhood.

            Town  Board ignored EPOD requirements.

            Town Board misled the public with statements that Planning Board can solve all the issues

             if only the zoning is first changed.  (absolutely false)

2011:  Supervisor informed of false information yet fails to inform Development Office.

2011:  Town Board commences SEQRA months late in violation of the SERQA.

          Town Board refuses to call for full Environmental Impact Study as they did for the cooper rd cell tower.

2011:  Town Board delegates Lead Agency to Planning Board.

2011:  Zoning Board of Appeals accepts Planning Board as Lead Agency while assuming duties of Involved

          Agency.  ZBA Chair fails to inform board members of duty and/or responsibilities of Involved Agencies.

2011:  Planning Board conducts Site Walk under cloud of Police intimidation.  Residents ordered to keep silent.

2011:  Town Board Member calls for full site plans before taking any action.

2011:  Planning Board ignores duty to follow SEQRA, taking no action as required.

2011:  Supervisor hides documents that describe the errors of law under seqra.

2011:  Planning Board Members are not informed of their duty.  Planning Board engineer concludes and

          informs Planning Board that drainage is not an issue.  Planning Board still ignores Comprehensive

          Plans and zoning codes. Planning Chair hires Planner with no explanation as to how a Planner

          would affect a Determination of Significance.  

2011:  Planning Board chooses not to make determination of significance and holds public hearing.

2012:  Town Board still chooses not to participate as Involved Agency

2012:  Zoning Board chooses not to participate as Involved Agency

2012:  Conservation Board, as an Interested Agency, commented to Lead Agency as "strongly

         recommended under Environmental Law.  (Report at bottom of page)

    The site is in an Environmental Protection Overlay District.

    Lead Agency is reviewing environmental factors to make a determination of significance.

    If Lead Agency makes a Negative Determination of Significance, then there will be no further opportunity     for Involved or Interested Agencies to comment on the Action.  SEQRA is over.  Once Town Board changes the Zoning it is a done deal. Board Members are not being honest with the public.  Supervisor commented "we don't know how this project will result"---- she just wants to change the zoning and then figure it.   

    The process appears suspect to professionals from Albany, Monroe County, City of Rochester and several area towns experts.  Several zoning and seqra experts see every effort being made by all Boards to avoid a full Environmental Impact Statement.

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On February 10, 2011 at the Town Board Workshop Cousilwoman Stephanie Aldersley stood for the residents and stated to Supervisor Daurizio "you know I am not with you on this one".   Daurizio commented "I know".

Now Aldersley argues a church could be built so the land should have an apartment building that does not comply with any town code.

At the October Board Meeting Aldersley stated:

“....We will not take any action until we have a full proposal.  And I shouldn’t speak for others but I speak for myself that I do not believe that we’ve seen a full proposal from that property owner.  And until the Planning Board sees that and decides that they need to forward it to us there is no action pending”.

There are no plans,  Aldersley is not asking for any plans------why no demands for plans so Planning Board may examine the project? 

Supervisor Daurizio stated at the March 15, 2011 Town Board Zoning change Hearing:

“This is a zoning request.   It is not a changing of the Code.  If it were to progress through planning and zoning it would require variances and very detailed site plan review.”

Now Durizio is calling for zoning code changes.  Why did she make false statements at the Hearing in March?

Town Board official Minutes: "Supervisor Daurizio reminded people that this was a zoning change request, not a Code change.  This is just the beginning for the proposed development; in order for it to go forth, there would be a comprehensive site plan review and the developers would have to go before the planning and zoning boards."

"Counsilmember Paul Marasco then inquired about the 4.73 acre site, and under the code for R-7, the need to have a net of 5 acres.  Mr. Riley said they would go through an area variance."

Daurizio now wants to change the zoning code. The apartments do not fit any code and any comprehensive plan. 

Town Board Members seem to change their minds at every point in the process as they scramble to change rules and codes to support  personal agendas that destroy neighborhoods, lives, communities and private property. 

“.....That if seniors were living together in a more communal type village with a lack of isolation and being transported together.  The housing that would be freed up in this town for young families without senior enhanced exemption would have a serious economical impact on the town for the future.......”

Town Board members seemed to care so much for the residents in the cell tower area; but for unexplained reasons not one board member has stood for the thousands of residents concerned on this issue.  Sending it to planning board was done only for convenience.