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In Your Town ........ Canandaigua Gorham Middlesex Italy Valley Naples South Bristol Canandaigua Canandaigua, NY Daily Messenger March 18, 2008 A tale of two perceptions Is development in the town of Canandaigua out of control? Or is the town actually growing alot slower than some would have you believe? By PHILIP ANSELMO Messenger Post Staff Back when Jim Holden was supervisor in the town of Canandaigua in the 1980s, he remembers using the phrase “managing the pressures of development.” The phenomenon was a new one. Folks were starting to discover what everyone who lived in the town already knew — it was a nice place to live — and they wanted in. “We were on the threshold of big things starting to happen,” said Holden. Route 332 was the center of some major attention — $100 million worth — from a Rochester development firm. Housing proposals were mounting. And many residents were up in arms over the boom that threatened to transform the town’s “rural character” into an unwieldy suburban monster — think Henrietta, says Holden. “We saw an endless list of housing projects,” he said. “It seemed like every few weeks, we had another project show up.” Most of them, however, never saw the light of day, he said. But that has all changed. Holden is in awe at the number of potential homes “in the pipeline” these days — well over 1,200 at his last estimate. Not everyone would agree with Holden’s claims. In fact, one planner would even argue that the opposite is true: Development in the town is crawling if it’s moving ahead at all, and few of the homes Holden has counted “in the pipeline” show any sign of coming out of that pipeline and getting built. Still, there is no doubt Canandaigua has grown over the past couple of decades. From 1990 to 2000, the population in the town increased by 489 people, or about 7 percent, to 7,649, according to U.S. Census figures. Then, in the six years from 2000 to 2006, the population shot up 10 percent to 8,413. That has been the story over much of Ontario County, which has gained about 4,000 people in the past seven years. Meanwhile, neighboring Monroe, Wayne, Livingston and Yates counties all saw a decrease in populations from 2000 to 2006 — most dramatically in Monroe County, which lost about 5,000 of its residents in those years. In Canandaigua in particular, the expansion of Route 332 in 1999 was expected to bring the retailers en masse, even though many of the stores opted to set up shop along Routes 5 and 20, including Lowe’s and Super Wal-Mart. But does all that translate to out-of-control development? Schools in the county have seen a meager growth of barely 1 percent from an enrollment of 17,500 in 2003 to 17,716 in 2008, an increase driven solely by the spike of more than 700 students in Victor. Every other district lost students in those years. Whole developments, too, have stagnated, notes Ron Brand, town planner. Pittsford-based developers S&J Morrell Inc. have let preliminary planning approval expire for a 54-lot subdivision that was to be built along Route 21 in the town. The same has happened with a portion of the 294-lot development Lakewood Meadows along Middle Cheshire Road. But whatever problems the town may have with development — too much or too little — residents with blue-collar backgrounds such as Nila Repard say there is plenty of evidence that the town is losing its working-class roots. Repard was born and raised in Canandaigua and, save for a spell in Gorham, she has lived here for all of her 49 years. She has been a school bus driver for the past 18. “It’s very hard for the middle class — especially in the town,” said Repard, who spent part of her 15 year tenure as a town employee with the planning department. “It’s very hard for the middle class to buy a house when these homes are going for $200,000.” Repard and her husband live up on “the poor side of Nott Road,” as her husband calls it, between Route 21 and Woolhouse Road. When they bought their home in 1992 on a one-acre plot, they paid about $70,000. The house was last assessed at around $118,000, she said. That’s a 40 percent increase. “People want to live in the country and work in the city, and they want the city amenities,” said Repard. “It’s starting to burst at the seams. ... People expect so much more nowadays than they ever have.” When the Town Board increased the recreation fee for new homes from $500 to $3,000 in January 2007 — a move that has since been rescinded — many home builders and town residents alike decried the fee hike as a way of penalizing developers and pricing out potential lower-income residents. Others, such as Penfield’s building chief, Harold Morehouse, said at the time that a recreation fee was a perfectly legitimate means of funding recreation needs — Penfield set its fee at $1,000. An increase in population means an increase in demands. And more demands mean more pressure on town leaders to fulfill the often antagonistic wishes of residents, most of whom seem to at least agree on one fact: “I would love it if nobody ever moved into the town of Canandaigua, and it stayed the way it was,” said Repard. “But I don’t expect that to happen just because I want it to happen.” Dealing with development “The basic thing I found over the years is that you can’t stop the development,” said Cheshire resident Ed Varno, who worked as a planning director in Victor in the 1980s. “You have to manage it,” he added. “It comes from having good rules, continuity of personnel and having a team inside the municipality that knows who does what and respects those authorities.” The Villas at Canandaigua proposal has been a case study in managing development. The project calls for 132 condominiums to be constructed on a 49-acre parcel between Routes 5 and 20 and Middle Cheshire Road. The town approved rezoning for the project in October. Proponents of the Villas, including town Supervisor Lloyd Kinnear, have called the project a perfect fit for that land. The type of housing is in demand and the plans are aesthetically sound, they say. Its detractors, however, including Town Board members Marion Cassie and David Dawson, have vehemently argued against the project on the grounds that it is far too dense and would bring too much traffic to the intersections there. Both Cassie and Dawson said that the land should not be divided down any further than one home per one acre of land. That’s where the problem lies, said Repard. There is no objective management of town land — not for zoning, not for building, not for services. Another case study in subjective development, she would argue, is West Lake Road. “If you go down West Lake Road, there are very few (public) places that you can look out over the lake,” she said. “They have the ‘I’ve got mine’ attitude, and there is no reason to feel that way.” That sort of attitude becomes more than just isolationism when residents of that part of town “go to town meetings and try to rewrite the laws,” such as the restrictions on lakefront rental properties attempted by the board last year, said Repard. Anthony Busch does not think that is the case at all. Lakefront homeowners are in a sticky situation. They are accused of the “I’ve got mine” attitude when they speak out against lake development, when in reality, argues Busch, their interests are the interests of the whole community. They’re not trying to close the door, they are merely calling for more vigilance, more ecological caution. “We’re not opposed to development,” said Busch, president of the Eastshore Association, a group of lakefront residents formed in the 1950s to represent their interests. “We’re just saying that the development that comes should be in the best interest of the lake. And that benefits everybody in the greater Ontario County region.” There is a push for development in Canandaigua and around the county right now, according to Busch. And it needs to be responsibly controlled. “Our concern is that when they take property that presents ecological concerns such as steep slopes, it jeopardizes the health of the lake and shouldn’t be developed,” he said. “It’s not no development, it’s intelligent development.” Rick Bolton lives on the other side of the lake, on East Lake Road in Middlesex. He heads up a group called the Environmental Compliance Alliance and has attended Canandaigua town meetings in the past, especially when a potential lakefront development was on the evening’s agenda. “Water quality is our main concern, but we have other concerns as well,” he said. In a letter posted on a Web site forum called LakeVisions, Bolton addressed some of those other concerns. He wrote: “Developer friendly town boards (some having members with serious conflicts-of-interest) ... have aided developers through the approval process with next to no consideration for the severe environmental effects: aesthetics, noise pollution, safety, traffic, consideration for public opinion or public involvement in the democratic process.” Repard said that her time in the planning department taught her that many people simply over react to the environmental threats. “As far as I’m concerned, silt happens,” she said. “There’s good runoff and bad runoff. It’s going to happen because that’s the way the world is made.” What pressure? Bolton’s group and others are not out to put a halt to development, he insists. Like Repard and Varno, he calls for “responsible development.” For Bolton, that means enforcing environmental-quality reviews and taking a long, hard look at the impact that a potential development could have on ecology, especially water quality. The town of Canandaigua has never once asked for one of these reviews, he claims. Town Planner Ron Brand begs to differ. Brand said he has personally handled many of the environmental reviews along with the town Planning Board. Nor were all of the projects passed without question. “If you take a look at my record, in the five years I have been there, we have not been challenged on any environmental determination,” he said. “It’s one thing I take very seriously because it’s the easiest thing to mess up.” As for development pressures, Brand said he doesn’t see it. Most of the pressures seem to be to the north, in Farmington and Victor. “I really don’t think the town is under that much pressure right now,” he said. “Though there are some who would like everyone to think the sky is falling.” “We’re not seeing anywhere near the activity” as in the past, he added. “We’re seeing subdivisions that had been given preliminary approvals expire because there’s just not a market there right now.” S&J Morrell Inc. got planning approval for Lakewood Meadows in July, 2004, several phases of which have since expired. Marty McMillan, owner of McMillan Realty, would agree. In fact, he said, actual home values in the town —the price they are selling for — are often below their assessed value. For example: the house at 2180 Route 21 was built in 1999 on 10 acres of land. It was last assessed at $245,000, listed for sale at $219,000, and actually sold for $205,000. “In the past 30 years, I have witnessed values on the lake drop twice,” he said. “I have seen homes sell for less than what buyers paid for them — nowhere near in line with the appreciation of other lakefronts in New York State.” His solution: build according to market demands. “The market is demanding more housing like the Wegman project, yet the town is fighting tooth and nail,” said McMillan. “Let the market demand what housing is wanted and desired as opposed to letting special interest views of the Town Board dictate.” Canandaigua, NY The Lake Reporter January 2008 Our Appeal to RSM Proceeds Thanks to Your Support When CLWA and the East Shore Association took legal action against RSM’s proposal to build 70 homes, a clubhouse and many docks off West Lake in mid-2006, we asked for the support of our members and supporters and promised to take the action as far as contributions would allow us. We thank you for your strong support to date. Background In late 2006, the Canandaigua Town Zoning Board or Appeals ruled in our favor. On appeal by RSM, acting-Supreme Court Judge William Kocher overturned the ZBA ruling in June, 2007, clearing the way for RSM to proceed. Why We Appealed Judge Kocher’s ruling effectively negated the “home rule” powers of the Town. He reasoned faultily that certain opinions of the Town’s Zoning Officer were binding, and eliminated CLWA/ESA’s standing to take legal action in the case. Judge Kocher’s decision was finalized in July, and on August 17, 2007 CLWA/ESA filed an Appeal with the New York State Supreme Court, Appellate Division, Fourth Judicial Department, in effect a panel of judges. Where the Appeals process stands In June 2007, the Town of Canandaigua announced that they would not appeal Judge Kocher’s decision, siding with their Zoning Officer against their Zoning Board of Appeals. In late November, 2007, the Town of Canandaigua announced that they would not be filing a brief in the case being appealed by CLWA/ESA, leaving the argument of this case, with important implications as to the Town of Canandaigua’s “home rule” powers, in the hands of CLWA/ESA. In October 2007, the CLWA/ESA Appeal was consolidated with the appeal of private citizens Al Kraus, Priscilla Herbik, and Oksana Fuller. In November and December, the briefs on the case were compiled by attorneys from Chamberlain D’Amanda representing CLWA/ESA and Hiscock & Barclay representing RSM, published in 39 and 56 page documents respectively and submitted to the Court with request to be heard by that Court for 15 minutes each during the March, 2008 session of the Court. Briefs critiquing the opponents’ cases have also been prepared and submitted to the Court. Contributions from CLWA/ESA members and supporters have been outstanding. They not only allow us to continue our appeal, they indicate a strong public interest in the outcome of this appeal. We thank all who have contributed to the Legal Defense Fund. Canandaigua, NY Daily Messenger November 4, 2007 Letter to the Editor Too many unanswered questions on wind My husband and I drove to Cohocton to check on the progress of the proposed industrial wind turbines. I was amazed to see that there is a clear view of the entire length of Canandaigua Lake from the turbine sites on Pine Hill. That means the 400-foot-tall turbines will be clearly visible to residents on both sides of the lake. I wonder if the residents appreciate the visual impact the turbines will have on their landscape. Each turbine will have nighttime aviation lights, and during the day the moving blades produce a light flicker from the sun, which is visible for many miles. Not to mention the aesthetic impact of the huge towers scattered across the hilltops. The Oct. 30 article on turbine projects was objective and unemotional regarding an issue that has sparked much anger and divisiveness in our rural communities. It also clearly illustrated the elaborate network of limited liability corporations that has been created to allow the parent company to accumulate great wealth with no accountability. Funds have not been set aside for decommissioning the turbines. When they cease to function in 10 or so years, the towns will be left with the enormous cost of dismantling them. The numbers in the article speak for themselves. In Cohocton alone, the wind company has taken away over 4,000 acres of land to build 35 turbines. Surely, they don’t require over 100 acres per tower. Can anyone doubt that the company is currying favor by leasing from as many landowners as possible? I am not an opponent of wind generated power. If we lived in an area that had sustained winds, and an industrial zone to site the turbines, I would support a wind farm. If we had a need upstate for electricity, I would certainly support the development of additional production. These projects, however, are part of a complex scheme to reap the financial benefits of a political philosophy of throwing money at “clean energy” and “green energy.” Perhaps the enormous subsidies should be used to promote wind energy in parts of the state that have both sustained winds and areas to place these industrial towers away from residential and rural properties. Or, provide subsidies to rural landowners to erect a household windmill and take them off the electrical grid altogether. Deborah Jones Naples Canandaigua, NY Daily Messenger October 15, 2007 Do-or-die vote set for Villas at Canandaigua The Canandaigua Town Board will decide Tuesday whether to rezone to allow a controversial 136-home development. By PHILIP ANSELMO Messenger Post Staff CANANDAIGUA — After several months of controversial public hearings, the fate of a proposed 136-home development will be sealed Tuesday. In fact, the Town Board will have three opportunities to accept or reject the proposal. Rochester-based real estate developer Wegman Cos. is seeking approval to rezone 49 acres south of Routes 5 and 20 and west of Middle Cheshire Road. The site would be developed into 34 buildings of 136 clustered condominiums that would be marketed to empty nesters. At a Town Board meeting on Sept. 5, the board took a straw vote to determine if the Villas fit the town’s comprehensive plan. That vote came in three to two. Supervisor Lloyd Kinnear and Councilmen Ralph Brandt and Brad Purdy said yes; board members Marion Cassie and David Dawson said no. Despite that straw vote, a resolution proposed by Cassie will go before the board at Tuesday’s meeting asserting that the project does not preserve the town’s rural character. Because of its increase by more than 300 percent in the density of homes per acre, the resolution argues, the Villas is not in compliance with the comprehensive plan. Therefore, Wegman Cos. should be denied the request to rezone, claims Cassie. If two other board members agree, “the application stops,” said Kinnear. He said Wegman Cos. could come back with another application but would be required to build according to current zoning restrictions: no more than 45 conventional homes. If Cassie’s resolution is voted down, the Villas would still have to clear a second hurdle: Town Board approval to rezone. Should the first resolution be rejected and the second approved, a third resolution would come before board members: A vote to approve a list of infrastructure projects the developer would complete in exchange for the rezoning. This is a practice known as incentive zoning, meaning the developer gives the town an incentive to rezone. The projects include: • A 3,800-foot extension of the sewer line along the west side of Middle Cheshire Road. • Installation of a water main the same size as those that already run along Middle Cheshire Road and Parrish Street Extension to prevent a reduction in water pressure in the neighborhood. • Construction of a hiking and biking trail from the site to the city of Canandaigua. • A cash payment of $75,000 to the town for use in developing a park. • A cash payment of $250,000 to the town to make improvements to Outhouse Park, currently being developed along Outhouse Road. • Traffic lights, turning lanes and other improvements at the intersection of Middle Cheshire Road and Routes 5 and 20. All three resolutions will be on the agenda for the Town Board meeting Tuesday at 7 p.m. at the Canandaigua Town Hall, preceded by a public hearing on the issue. Philip Anselmo can be reached at (585) 3940770, Ext. 322, or at panselmo@mpnewspapers.com. Canandaigua, NY Daily Messenger August 28, 2007 GUEST ESSAY An appeal to save Canandaigua Lake By Tony Busch and Marty DeVinney Tony Busch is president of the East Shore Association. Marty De Vinney is chairman of the Canandaigua Lake Watershed Alliance. On Friday, Aug. 17, the two lake protection groups we represent, Canandaigua Lake Watershed Alliance (CLWA) and East Shore Association (ESA), appealed acting Supreme Court Judge Kocher’s recent ruling that would overturn a local zoning decision. Many area residents strongly support the appeal. While there have been several recent articles about the project, some folks still have good questions: What did the judge rule? Why does the decision seem so complicated? Are the groups antidevelopment? Why, exactly, are the two groups appealing? The appeal concerns a 67-home development on West Lake Road that RSM/Mancini Brothers is proposing on the former Johnson property and around German Brothers Marina. Justice Kocher overturned the town of Canandaigua Zoning Board of Appeals decision from November 2006 that limited the number of new boating facilities the developers could add under the N.Y. State Uniform Docking and Mooring Law for Canandaigua Lake. Yes, aspects of the decision are complex: Carol Maue, the attorney representing the two groups in the appeal, has done a splendid job explaining key details in an interview in the August 2007 issue of “The Lake Reporter,” the Watershed Alliance’s newsletter. Visit http://clwa.net. While the judge’s decision may seem complex, the reasons to appeal are quite simple: The decision sets several dangerous precedents. The decision “guts” the Uniform Dock and Moorings Law crafted by and adhered to by municipalities around the lake. The RSM/Mancini Brothers development is residential, despite its efforts to classify the lakeside property as a private wateroriented recreational facility. We believe it is subject to the same docking limits as other residential properties on the lake. In allowing the development to use the more expansive “All Other Land Use” category, the judge’s decision permits 415 boats, docks and moorings as opposed to the 22 that would be legally permitted for residential properties under the law. This is a huge difference. The decision deprives a municipality of the right to home rule. The Zoning Board of Appeals is the proper local authority to interpret its own laws, review the actions of its officers and to review its officer’s determinations under the Docking and Mooring Law. The decision takes away the “say” of a municipality. It also conflicts with the basic understanding reached with the state of New York when the Docking and Mooring Law was implemented: that each lakeshore municipality would retain the right to control and review lakeshore development that occurs within its borders. The decision imposes a chilling effect on the average citizen’s ability to challenge adverse determinations. By ruling that area residents, some of whom share boundaries with the proposed development, and both associations had no legal standing to appeal to the Zoning Board the original zoning officer’s decision regarding the Docking and Mooring Law, the court ignored long-standing legal precedent that requires a citizen to exhaust all administrative remedies in the town before appealing to a court. It also has a chilling effect on the average citizen’s ability to appeal improper Docking and Mooring Law determinations since according to the ruling, a separate, very expensive, Article 78 proceeding in Supreme Court must be commenced to appeal the zoning officer’s incorrect interpretation of the law rather than just appealing to the Zoning Board, as is ordinarily done. The decision puts drinking water quality at risk. This is no small matter. Canandaigua Lake provides drinking water for more than 60,000 area residents. Water is a precious resource. Many economists today believe that water is “the new oil,” a valuable resource that is finite and must be managed wisely. The decision sets a bad precedent that could threaten the economic vitality of the area. This decision will result in uncontrolled increases in shoreline development, boats and hydrocarbon pollution that will damage water quality and the watershed. People choose to live, vacation, and start businesses in the Canandaigua area because of the relative health of the watershed. Our two groups aren’t anti-development. We work successfully with many developers who agree to follow the rules protecting the lake and watershed. We’re in favor of responsible development that creates homes and jobs in the area while protecting water quality. If we don’t protect this spectacular community resource, Canandaigua Lake, we will lose it. This ruling flies in the face of responsible, long-term economic planning. Voice your opinion: Let your elected officials and planning boards know your views. Support candidates who will protect the lake and its watershed. If this project is permitted to proceed, several others are ready to ride on the coattails of this harmful precedent. Canandaigua, NY Daily Messenger August 26, 2007 Letter to the Editor Lake project opponents exaggerate boat traffic Plans for RSM West Lake Road LLC’s project to build 69 high-end homes on the former Johnson property bordering Canandaigua Lake include no more than 116 slips and moorings for boats at the former German Brothers Marina. Recent reports from a meeting of opponents on Aug. 18 indicated the development could have as many as 415 slips and moorings. Although it is true in the strictest and most extreme legal context that up to 325 slips and moorings could be allowed, it appears that opponents are intentionally exaggerating. RSM has remained steadfast that it needs only 116 slips and moorings for its West Lake Marine Club project. While there will also be nine visitor-only slips along the Johnson parcel’s waterfront, that is all it will build unless the town requires otherwise. On April 28, 2006, the town’s zoning officer determined: German Brothers Marina is a lawful, preexisting nonconforming use; RSM could request a “private water oriented recreational facilities or social clubs” special-use permit; a number of setback and other area variances would be required; the number of parking spaces is sufficient and the maximum seating capacity of the community center/clubhouse is 233; the number of proposed boating and mooring slips is less than the maximum allowable; the proposed sundeck on the clubhouse is proper under the town’s Dock Law. Acting state Supreme Court Justice William F. Kocher in Ontario County reinstated the zoning officer’s determinations, which had been challenged by the town Zoning Board of Appeals. The ZBA’s decision that the development project was only allowed 12 boat slips was incorrect, Judge Kocher found. Opponents also claimed that approval of this project will set a precedent for “funnel” development, in which a parcel of land with limited lakefront access allows more lake and boat use than the amount of shoreline would ordinarily permit. This argument is incorrect because the West Lake Marine Club project incorporates and derives its shoreline rights from a pre-existing marina — German Brothers Marina — which already has 103 slip, dry dock and mooring spaces. This cannot be a “precedent,” therefore, for undeveloped shoreline around the lake because those lands do not have a pre-existing marina on them. These homes centered around a marine club will be a unique asset for the town, the lake, our neighbors and all the taxpayers in the region. Thomas Walsh Attorney Hiscock & Barclay Rochester EDITOR’S NOTE: Hiscock & Barclay is the law firm representing Steven Mancini, a partner in RSM Development LLC. Canandaigua, NY Daily Messenger August 5, 2007 EDITORIAL LAKE EFFECT Lawn care is fair game in lake projects Forgive us if this sounds like a stereotype, but someone who pays $1 million for a home typically doesn’t have a soft spot for dandelions. A million would be the typical price of a home in two controversial lakefront proposals: Seneca Point Landing in South Bristol and the Residences at West Lake Marine Club in Canandaigua. Seneca Point calls for 20 homes; the Residences for 67. That’s as many as 87 new orders for landscaping and lawn service, and likely more intensive service than the $175,000 property a couple miles away gets. The long-term use of herbicides, pesticides and fertilizers on these properties, which drain directly into Canandaigua Lake, bears just as much scrutiny as the potential for erosion during construction. Lake advocates were right to point out during last week’s public hearing on Seneca Point Landing that the developer’s environmental impact statement leaves too many decisions that could affect the environment up to a homeowner association. Regarding lawn maintenance, the Seneca Point homeowner association agreement merely says that the association may “from time to time, publish specific rules and regulations with regard to what materials, fertilizers and pesticides may be applied ... As a general guideline, only biodegradable products may be applied ...” Biodegradable sounds good, but it’s a broad term. It refers to anything from a living organism that can be put to use by microorganisms. Manure is biodegradable, but you don’t want it washing into the lake. By consulting with sustainable lawn care companies and researchers, the Seneca Point Landing developer, Ketmar Development, could write more specific rules for lawn care. For example, zero-phosphorus fertilizer should be standard for homeowner associations around any lake. The ground has plenty of natural phosphorus. Excess just runs into the lake and promotes foul-smelling algae blooms. The developer of The Residences at West Lake Marine Club, RSM West Lake Road, has pledged that homes there will use only organic fertilizers and pesticides. Organic fertilizer, though, isn’t the same as zero phosphorus fertilizer. When RSM turns in its environmental impact statements, town officials and lake advocates should focus in its lawn-care provisions as well. Ideally, the state would ban phosphorus in all residential lawn care fertilizers. Owners of any home can inadvertently pollute, but the risk is far greater when dozens of upscale homes are going up. Because such projects require environmental impact statements, they offer a key opportunity to raise the issue. And if the folks with money have to stick with environmentally friendly lawn care, think how quickly the industry will make that standard for all their customers. Canandaigua, NY Daily Messenger August 1, 2007 Watchdogs to appeal lakefront-project ruling The Canandaigua Lake Watershed Alliance and East Shore Association will challenge a judge’s decision on a West Lake Road subdivision/private marina. By JULIE SHERWOOD Messenger Post Staff CANANDAIGUA — Two groups representing more than 1,000 members combined in the Canandaigua Lake watershed are taking the case of a proposed housing project and private marina back to court. The Canandaigua Lake Watershed Alliance and East Shore Association announced they will appeal a recent court decision that allows developer RSM West Lake Road LLC to move through the approvals process for the project called Residences at West Lake Marine Club. Last month, acting Supreme Court Justice William Kocher ruled RSM could move forward in seeking approvals to build 67 homes on the Johnson property to the south and behind German Brothers Marina, which would be converted to a private marina serving the homeowners. Also proposed are 81 boat slips and 35 moorings. Last year, the town’s Zoning Board agreed with opponents of the project who argued, among other points, that Canandaigua Lake Uniform Docking and Mooring Regulations allowed far fewer boats than proposed because of the residential nature of the development. That halted the project in November 2006, and RSM filed a suit a month later. The Town Board decided not to appeal Kocher’s ruling on recommendation of the town attorney. Then, last month, Canandaigua Lake Watershed Program Manager Kevin Olvany urged the Town Board to adopt a temporary moratorium on large-scale development - all multi-residential and semi-public use developments, including proposed ones — citing concerns over Kocher’s ruling. “The court decision has identified a major threat to the long-term health of the lake by increasing the market for hillside development by allowing over a 10-fold increase in residential lake access,” stated Olvany. The moratorium would give the town a chance to make necessary changes to its zoning law, he said. The lake-protection groups cited key reasons for appealing the ruling in a statement. Among them: • The development is residential despite efforts to classify the lakeside property as a private water-oriented recreational facility, and should be subject to the same docking limits as other residential properties on the lake. • The Zoning Board is the proper local authority to review its zoning officer’s determinations under the docking and mooring law. • The court decision ignored a longstanding legal precedent that requires a citizen to exhaust his/her efforts to seek remedies with the town before appealing to a court. Essentially, the decision deprived citizens and the town of substantial rights with respect to development occurring within the borders of their community, the appeal contends. “We believe that the town of Canandaigua (Zoning Board of Appeals) made the correct interpretation of its own town ordinances and that the ZBA member’s efforts and judgment should be defended in support of its ‘home rule,’” stated Marty DeVinney, president of the watershed alliance, which represents about 550 residents in the watershed. The appeal also contends that the ruling confirmed the town zoning officer’s determination that RSM could install up to 415 boat slips or moorings at its private marina, while the Watershed Alliance and East Shore Association believe the law allows the development to have just 22. “This narrow interpretation is clearly contrary to the intent of the docking and mooring law that was adopted more than 10 years ago by all the towns around the lake to prevent the intensive use of a relatively small amount of lineal feet of lakefront by a large number of upland homeowners,” stated Tony Busch, president of the East Shore Association, comprised of more than 450 Canandaigua Lake homeowners. Kocher could not be reached for comment on the case. Developer Steve Mancini of RSM had little to say about the impending appeal. “We’ll just continue as planned,” he said. The appeal will be filed as soon as Kocher officially signs off on his ruling, expected within the next week to 10 days. Carol Maue, partner of the law firm Chamberlain D’Amanda, represents the Canandaigua Lake Watershed Alliance and East Shore Association. She predicted it will take close to a year for the court to render a decision. Canandaigua, NY Daily Messenger July 31, 2007 EDITORIAL A call to action on the lake Canandaigua Lake’s watershed manager issued a call to arms last week against the threat of overdevelopment. A recent court ruling exposed holes in town regulations regarding construction along the lake, said Kevin Olvany, who works for the Canandaigua Lake Watershed Council. Specifically, Olvany called for a six-month moratorium on all multi-residential and semi-publicuse developments, even those already proposed. The latter would include the Residences at West Lake Marine Club, a plan by RSM West Lake Road LLC to turn German Brothers Marina into a private marina and club serving 67 homes uphill and to the south of the marina. The town Zoning Board of Appeals effectively halted the project late last year by ruling that RSM could not apply for a specialuse permit to privatize the marina. The company appealed, and state Supreme Judge William Kocher said, well, yes, RSM is free to apply. Kocher could have stopped there, but he went ahead and pointed out weaknesses in town laws that leave room for RSM’s project. Olvany sees disastrous potential here: If developers can find creative ways to link upland property to what everyone wants — a piece of the lakeshore — then a new burst of construction could erupt and degrade the lake. Now it’s up to the Town Board to take the judge’s hint. Get the ball rolling on zoning amendments. Hire a consultant to review the judge’s decision and check out other lakefront towns’ laws — but only if the person or firm can guarantee a draft in a few months. This is an important job, not an epic one. Some may argue that all the border communities, including South Bristol, Middlesex and Gorham, should work together on standardized building regulations. That’s true, but it should not stop Canandaigua from moving ahead. It’s true, too, that a moratorium would give the town the greatest protection in the meantime. Six months shouldn’t unduly inconvenience anyone. A retroactive ban, however, would be unfair, not to mention a potential legal tangle. Supervisor Lloyd Kinnear is right to point out that moratoriums can lead to dithering as officials lose all sense of urgency. Gorham, for example, has extended its ban on wind turbines three times. We suggest a compromise: a six month, non-renewable ban only on new proposals for large lakefront developments. Get it on the agenda and take a vote. Debating moratoriums endlessly misses the point. If it doesn’t pass, it doesn’t pass. All the more reason to speed the zoning fixes. Olvany has raised the alarm. The Town Board needs to act. Canandaigua, NY Daily Messenger July 29, 2007 LETTER TO THE EDITOR Unchecked development threatens community I am responding to your editorial “Realpolitik and the Villas at Canandaigua.” The claim that “34 condo buildings” actually disturb less ground doesn’t ring true when you consider that each building will contain four 1,250- to 1,850-square-foot townhouses, all with two stall garages. These will have a footprint of approximately 8,000 square feet. Compare 34 of these structures to 44 single-family homes that will average less than a 4,000-square-foot footprint. The issue becomes looking at 34 huge urban-style structures or 44 single-family homes that would be subject to the same conservation subdivision regulations setting aside open space as this development. You are right that the parcel bordering Routes 5 and 20 doesn’t compare to others closer to the lake. That is why the 2006 amended zoning map allows for one single-family home per acre and the land farther down the lake allows one home per three acres. The town should partner with the city to encourage development that doesn’t just increase sprawl but preserves and enhances the desirability of the entire area. The requested zoning change deviates too far from existing zoning. This proposal triples the density to 136 townhouses from the 44 singlefamily homes allowed under existing zoning. This requires real creative zoning changes and exceptions from our existing policy in order to be built. Wegman Companies wants to change zoning from SCR-1 to R-1-30 to allow incentive zoning. It will then go beyond the R-1-30 rules to increase from 76 houses to 136 and build four- unit townhouse buildings instead of the two-unit structures permitted. They are offering amenities under incentive zoning that are not permitted in SCR-1 to persuade the Town Board to allow this convoluted manipulation of our zoning laws. The traffic problems are very real today and are a result of the existing developments. When the Town Board approved these developments, it should have considered not only the increased revenues but also the cost of improvements necessary to support the increased demand for services such as road improvements and pedestrian safety. The Town Board needs to let all developers know that the town welcomes new development but it must adhere to our comprehensive plan. The reasons that make our town a great place to live are put at severe risk if we allow unchecked development change the face of our beautiful community. Thomas Knapp Middle Cheshire Road Canandaigua, NY Daily Messenger July 24, 2007 Watchdog urges halt on lakefront development Canandaigua officials agree they need to improve regulations on lakefront construction, but don’t agree a building ban is necessary. By JULIE SHERWOOD Messenger Post Staff CANANDAIGUA — Canandaigua Lake’s watershed manager is urging town officials to adopt a temporary moratorium on large-scale development while the town changes its zoning law. A recent court decision that allows a controversial housing project and private marina on West Lake Road to move through the approvals process prompted the call for action, watershed manager Kevin Olvany explained in a detailed letter to Town Supervisor Lloyd Kinnear. “I have significant concerns about the impact of the recent court decision,” stated Olvany in the letter, also reviewed by Town Board members. “The court decision has identified a major threat to the long-term health of the lake by increasing the market for hillside development by allowing over a 10 fold increase in residential lake access. The increased erosion and other pollutants associated with residential development combined with increased boat traffic will degrade the long-term water quality, character and beauty of Canandaigua Lake.” Last month, acting Supreme Court Justice William Kocher ruled developer RSM West Lake Road LLC could move forward in seeking approvals for its proposed Residences at West Lake Marine Club. RSM plans to build 67 homes on the Johnson property to the south and behind the existing public marina, which would be converted to a private marina serving the home owners. Also proposed are 81 boat slips and 35 moorings. Last year, the town’s Zoning Board agreed with opponents of the project who argued, among other points, that Canandaigua Lake Uniform Docking and Mooring Regulations allowed far fewer boats than proposed because of the residential nature of the development. That halted the project in November 2006, and RSM filed a suit a month later. The Town Board decided not to appeal Kocher’s ruling on a recommendation of the town attorney. “Although I do not agree with several components of Judge Kocher’s decision, he does point out some potential deficiencies in both the zoning code and docks-and-moorings law that should be fixed in order to make sure the ‘plain language’ of the law meets the intent of the legislation,” stated Olvany. “The positive side of this decision is that it gives the town a road map to fix these deficiencies so there is greater clarity in the zoning code and docks-and-moorings law.” Olvany recommended a six-month moratorium on all multi-residential and semi-public use developments — including proposed ones — to make any necessary changes to the law. State law gives the town the right to impose the moratorium, and the Canandaigua Lake Watershed Council may have funds available to help the town pay for expenses in crafting any changes, he said. While the town made strides earlier this year to amend its zoning law regarding some forms of development along its 11 miles of shoreline, “further changes need to be made to make sure upland residential developments can only gain residential access to the lake,” stated Olvany. Olvany noted the docking-and-mooring law might also need to be changed, a process that would involve all six municipalities along the lake’s 36 miles of shoreline. It would be a separate but cooperative project, he said. It would likely take more than a year to enact changes to the docking-and-mooring law, and a moratorium probably wouldn’t be needed “unless any glaring holes are identified that could circumvent any zoning changes.” Last week, Steve Mancini of RSM said the development will improve the quality of the lake, since RSM is creating filtration ponds and using an environmentally friendly lawn-care system. As for the density of docks and boat use, “we are proposing far less than allowed,” he said. Based on a determination last year by Town Zoning Officer Jean Chrisman, the development could have had as many as 220 boat slips and 195 moorings. Opponents of the project, including watershed protection groups and neighbors, interpreted the law to allow just 11 docks and 23 boat slips or moorings. Four of five board members agreed the town’s zoning code needs work in addressing lake development. Even so, they were divided on the moratorium idea. Board members Brad Purdy and Ralph Brandt said they thought placing a halt on development would be extreme. Purdy said he doesn’t think the RSM project by itself is a threat to the lake, but it could set a precedent for future developments that do pose problems due to their density and the lake activity generated. “We need to get all the municipalities in coordination” to work together on making changes to both the zoning and the docking and mooring law, said Brandt. Kinnear, who has talked with Olvany about the matter, agreed. “I will never vote for a moratorium,” said Kinnear, saying he opposes them in general because they slow the wheel of government even more. But the zoning and docking laws do need to be reviewed and clarified, he said. “It’s obvious the town’s zoning law pertaining to lakefront development needs to be revised. Developers have focused on a loophole in the zoning code,” said David Dawson, adding he would support a moratorium. Marion Cassie declined comment. The Town Board will discuss the issue at its Aug. 7 meeting, 7 p.m. at Town Hall, 5440 Routes 5 and 20 Canandaigua, NY Daily Messenger July 24, 2007 EDITORIAL Realpolitik and the Villas at Canandaigua The town of Canandaigua can approach the proposed Villas at Canandaigua in one of two ways: as a problem or as an opportunity. Right now, the Wegman Companies Inc.’s pitch to build 136 condos off Routes 5 and 20 is a problem. The 49-acre parcel between Middle Cheshire Road and Parrish Street Extension is zoned for single-family homes, not condos. This roadblock has given opponents time to lob criticisms — some well-founded, others weak. Some would stick to the current zoning as called for in the town’s comprehensive plan. If so, that would allow for 44 single-family homes. The plan for 34 condo buildings clustered at the north end of the property would actually disturb less ground. The Villas would also be less imposing than the nearby Ferris Hills at West Lake, easily visible from the opposite side of Canandaigua Lake. And truly, if it is open land we want to protect, this parcel, bordering a four-lane highway at the city limits, doesn’t compare to others closer to the lake. If anything, town policies should encourage development toward the city and throw up roadblocks to large-scale projects in the countryside. About the only reasonable objection to the Villas is traffic. The project would have a driveway on Middle Cheshire, about 700 feet south of Routes 5 and 20, and another driveway on Parrish Street Extension, about 350 feet south of the highway. Both have problems as it is. Middle Cheshire is narrow with utility poles close to its crumbling shoulders. Parrish has a nasty curving hill that makes wintertime stops tricky. With or without the Villas, the top of Middle Cheshire needs a fix. More cars are on the way. The town has given at least preliminary approval to a total of about 200 homes farther south on Middle Cheshire at Lakewood Meadows and another subdivision south of Laura Lane. Parrish Street needs help, too. It has been called “suicide hill,” after all. And therein lies the opportunity: With driveways so close to 5 and 20, the Villas could push the traffic problems to a head sooner. It would be reasonable, then, to ask the Wegman Cos. to fix both intersections. Indeed, there has already been some talk of incentive zoning, in which the developer would improve the neighborhood’s sewer and water service and add one right-turn lane from Middle Cheshire onto 5 and 20 in exchange for rezoning. That one turning lane might not be enough for Middle Cheshire. Parrish could use a right-turn lane to keep Villas residents out of the way of oncoming traffic. A single-family subdivision would also add to traffic problems yet face fewer regulatory roadblocks. The vagaries of zoning give Canandaigua a stronger position to bargain as it determines what’s in the best interest of the town: strict adherence to an advisory document or a chance to fix a mounting safety problem. Canandaigua, NY Daily Messenger July 18, 2007 Not in my town Condo development? Medieval fair? Seasonal renters treated like full-time residents? Nah, not here, the Town Board was told in a standing-room-only meeting. By PHILIP ANSELMO Messenger Post Staff CANANDAIGUA — The basement boardroom in Town Hall was filled to capacity as more than 80 people turned out to have their say on three controversial issues at Tuesday night’s Town Board meeting. Supervisor Lloyd Kinnear nearly turned away the last few stragglers as he manned the door. All the seats had been filled. First on the menu: a continued public hearing on the development of 136 condominiums on 49 acres off Middle Cheshire Road and Routes 5 and 20 that also drew fire at a meeting in June. Representatives from the Rochester-based real estate developer Wegman Cos. tried to sway the dissenters with a comparative study pitting their proposal of 136 empty-nester condominiums against a standard development of 44 single-family homes that would be constructed if the town strictly enforced current zoning of the property. Wegman’s engineer Andy Spencer cited school-tax figures — $278,124 would be brought in annually by the single-family homes, $516,000 by the condominiums. Families would mean more children — 31 as opposed to three if the empty-nesters took up residence. That translates to more rush-hour traffic, he said. In response, Councilmember Marion Cassie sighed in disbelief. “I appreciate the number wizardry,” she said before she made the point that regardless of a rush hour traffic comparison, many more cars would be on the road if condominiums rather than houses went up. A brief squabble followed over whether the land in question was being cultivated for farm crops. Councilman David Dawson swore that there was corn growing on the site, a fact that Kinnear refused to concede. The tiff was promptly put to bed when the property owner James Erdle, silenced both sides. “This property is planted with corn,” he said. “But they know it’ll never mature.” Cassie argued that the project just didn’t meet the guidelines in the town’s comprehensive plan. All the debate was moot because they could never get past this sticking point, she said. Wegman’s attorney James Bonsignore countered that, in fact, the proposal fit nicely with the comprehensive plan on many points. An “extensive” stretch of property would be left “undeveloped,” all of the buildings would be clustered away from the road with only two access points off Middle Cheshire Road and Parrish Street Extension and although there would be “more units” — 136 condominiums; four per building — there would be only 34 buildings as opposed to 44 if homes were built. “I cannot think of any project, ever, that has complied 100 percent with a town’s comprehensive plan,” said Bonsignore. “It’s just not possible.” For most of the residents, the trouble was the traffic. Some lamented the further dangers of what they called “suicide hill” near the intersection of Routes 5 and 20 and Parrish Street Extension. “I’d like to know how I’m going to get out of my driveway,” said Jack Boylan, of Middle Cheshire Road. Others took the matter to a more graphic conclusion. “My nightmare is the number of geriatrics turning left out of there and getting flattened by an 18-wheeler,” said David Price, of Middle Cheshire Road. Local real-estate man Marty McMillan said the townspeople were being “selfish.” Housing for empty-nesters is “desperately needed” in the community, he said. He also took issue with the argument that the condominiums would destroy the “rural character” of Canandaigua, noting “all the mansions with swimming pools and playgrounds.” “This is a good project,” said McMillan. “I’d hate to see this turned down because of nitpicking.” Tom Knapp, Democratic candidate for council, attacked the town’s procedure and what he described as acquiescing to the demands of developers. It’s “quite a stretch” to allow such a massive development on a rural landscape, he said. “That is more than being just a little flexible,” he said. “Would it be OK to build a high-rise condominium on Middle Cheshire Road?” Without any sign of a compromise or resolution, the public hearing was closed for the evening and set to continue on Aug. 7 at 7 p.m. Aren’t renters people too? With no less verve and only a few less people in the crowd, residents did most of the squabbling among themselves over the issue of a proposed law that would impose regulations on lakefront rental properties over and above those already in force for all town properties. Supervisor Kinnear frequently had to remind the heated speakers to address the Town Board and not each other. Francis Killian, of East Lake Road, spoke on behalf of Resort Property Rentals of the Finger Lakes. He handed out copies of photographs to the board members and asked them to identify which homes pictured were in violation of code and whether or not they were rental properties. “With this law, we’re taking away the rights of people who rent their properties and not those who own their properties,” said Killian. Despite Killian’s clipboard of notes and his several stapled packets of photocopies, a board member said he hadn’t done his homework. “I’m sorry, but I don’t think you’ve done enough research here,” said Cassie. Residents in the crowd grumbled when Killian spoke of neighbors who were too “sensitive.” Councilman Dawson chipped in that the real estate agents were driven by a “profit motive.” After Killian was told to take his seat, Dave Hayden, of West Lake Road, stood for his three minutes of floor time. Hayden decried the “newspaper sensationalism” that made the issue into a “class war” and “cultural” problem, speaking instead in terms of lowered standards, a neighborhood “upheaval” and “injurious” renters who “devalue property.” “This is not a class or cultural problem,” he said. “This is a community problem that needs a community solution.” Hayden, too, was told to take his seat, much to the vocal dismay of his supporters, after his speech topped seven minutes. McMillan said he was worried the town was going too far. “This ordinance and this law will fail,” he said. “What you have is a much larger issue... There is a great divide in this country. You’re deepening this divide. You’re saying that there’s a difference between renters and owners. In order for this to work, forget about lakefront properties, it has to be straight through the town.” Representatives from rental agencies echoed the proposed solution of “self-regulation” or community-wide laws. The notion was dismissed by Cassie who said flat out that “self-regulation doesn’t work.” Lynn Thurston, president of Finger Lakes Premier Properties, said the town’s own Planning Board referred to the law as “over regulating,” “discriminatory,” and “punishing to property owners.” Having heard enough commentary, Brandt proposed to rehash the law at the committee level. The public hearing was closed, and the town voted to send the law back to committee with Cassie sounding the sole vote against, preferring, she said, to pass it as is. Joust again some other day After another wave of residents cleared out, those who remained to take on the proposed medieval fair on East Lake Road seemed almost disappointed when Jim Piotter, of Black Hawke Productions, announced that he was pulling the application and postponing the fair until next year. “I did not look at that site as something that would be invasive to the community,” said Piotter. He said he would do more research and figure out a way to address the problems before the fair is attempted again next year. “In my eight years on council, I have never received so many calls” about a proposal, said Brandt, addressing Piotter. “You’re going to have to do some serious public-relations work.” Brandt’s comment was welcomed by uproarious applause as many in the crowd turned to shake their heads at Piotter. Several people told Piotter that they would never allow it. They told him to look elsewhere for the fair. The land “is residential,” said Cassie. “Look for another spot.” Roaring applause. Kinnear quickly quieted the crowd when he made the point that Piotter had already agreed to pull the application for the fair. It is a non-issue, he said. Philip Anselmo can be reached at (585) 394-0770, Ext. 322, or at panselmo @mpnewspapers.com. Canandaigua, NY Daily Messenger July 12, 2007 EDITORIAL Catch-22 on Canandaigua Lake? I have a question for everyone involved with the recent state Supreme Court judgment pertaining to the RSM/German Brothers Marina proposed development. Although Judge William Kocher agreed with several of the respondent’s appeals, the court determined that the Watershed Alliance respondents and the resident respondents did not have “standing” to appeal the zoning determinations regarding the Uniform Docking and Mooring Law to the Zoning Board of Appeals. This is because the docking and mooring law is not part of the zoning code. Therefore, the judge overturned the ZBA’s findings. Under Canandaigua town law, the zoning officer is only given authority to make determinations on issues of compliance with the town’s zoning code. How is it, then, that the judge could reinstate the zoning officer’s determinations regarding the docking and mooring law when decisions regarding that law are clearly beyond the zoning officer’s authority? Joyce Marthaller Canandaigua Canandaigua, NY Daily Messenger July 1, 2007 Editorial: LAKE EFFECT Lake laws need another look Lakeside towns have a decision to make this year. They have to decide whether laws on the books adequately protect Canandaigua Lake from overdevelopment. It’s not clear that they do. Last month a judge ruled that RSM West Lake Road LLC can go ahead with plans to turn German Brothers Marina into a private marina to serve 67 homes that would be built on the hill behind and to the south of the marina. Acting Supreme Court Judge William Kocher’s decision overturned an earlier town Zoning Board of Appeals ruling that halted the project. The Town Board does not plan to appeal Kocher’s ruling, meaning that RSM’s project can now move through the approvals process. That includes an environmental review and site plan review and another trip to the Zoning Board of Appeals for special use permits. It’s hard to say what the Residences at West Lake Marine Club will look like when all is said and done, but it’ll likely still have two key features that led to so many objections in the first place. First, it’ll reduce public access to the lake. Second, the number of upland homes will dictate the number of boat slips, though many thought that the Canandaigua Lake Docking and Mooring Law expressly forbid this. The law states that the length of shoreline determines the number of boats, but RSM seems to have found a way around this Now, the question is: Does this set a precedent? From the start, RSM has said no. German Brothers is already a marina, the company argued. The only change is its status from public to private. Opponents pointed out that the German Brothers property is zoned residential, even if its use as a business was grandfathered. Much of the rest of the lake is zoned residential, too. Does this open the door for developers to buy residential properties, open private marinas and link them to dozens more upland homes? Do the Canandaigua Lake Docking and Mooring Law and related zoning laws in Canandaigua, Gorham, South Bristol and Middlesex protect the lake the way we thought they did? If the town boards in these communities can’t answer with a confident yes, they need some expert legal advice — and quick. If they can’t pinpoint potential loopholes in their laws, developers sure will. Canandaigua, NY Daily Messenger June 21, 2007 Canandaigua won’t appeal decision on marina A proposal for 67 homes and a private marina on West Lake Road can move through the approvals process. By MICHELE E.CUTRI-BYNOE Messenger Post Correspondent CANANDAIGUA — The town of Canandaigua won’t appeal a judge’s ruling that allows Victor developer RSM West Lake Road LCC to move forward with a housing project and private marina on West Lake Road. Supervisor Lloyd Kinnear said the town attorney did not recommend an appeal, and the Town Board voted against going back to court in a straw poll during an executive session Tuesday night. The Town Board’s decision ends a complex legal tangle that began in April 2006 with the town code officer’s interpretation of how town law applies to RSM’s proposal to build 67 homes on land behind and to the south of what is now German Brothers Marina, 3907 West Lake Road. As part of the plan, RSM would buy German Brothers and make it a private marina and clubhouse for the 67 homeowners. The development would be called the Residences at West Lake Marine Club. Code Officer Jean Chrisman determined that the clubhouse could be allowed with a special use permit. She also said the 81 boat slips and 35 moorings RSM requested were far fewer than the maximum 220 boat slips and 195 moorings allowed under the Canandaigua Lake Docking and Mooring Law. Chrisman also ruled at that time that the docking and mooring law would permit the developer’s proposed 1,500-square-foot sundeck dock. Neighbors and lake protection groups appealed to the Zoning Board, arguing that the clubhouse portion of the marina was not eligible for a special use permit and, given the residential nature of the project, far fewer boats should be allowed. The Zoning Board agreed with the opponents, essentially halting the project in November 2006. RSM filed suit a month later and, on June 15, acting State Supreme Court Judge William Kocher annulled the ZBA ruling. This means that Chrisman’s original decision stands. “It’s about checks and balances,” said Kinnear of the judge’s decision. “Our planning and zoning staff are there to aid our Planning Board and ZBA in making good decisions,” explained Kinnear. “Although in this case, the ZBA and zoning officer were at odds with each other, the Supreme Court decision shows that the zoning officer made the correct initial determination.” “It’s just unfortunate that anyone had to go to court,” he added. Kinnear noted that the town will have another opportunity to review the project when it goes before the Planning Board. In a press release, RSM stated that the next step, an environmental impact statement, would take four to six months. Contact Michele CutriBynoe at (585) 394-0770, Ext. 256 or at messenger@mpnewspapers.com. Canandaigua, N.Y. 14424-1085. Canandaigua, NY Daily Messenger June 17, 2007 Marina project can move forward A town Zoning Board of Appeals decision that effectively halted the project has been nixed by a Supreme Court justice, which means it can continue through the approval process. By MICHELE E.CUTRI-BYNOE messenger@mpnewspapers.com CANANDAIGUA — Acting Supreme Court Justice William Kocher Friday ruled that a proposed clubhouse and dock on Canandaigua Lake would be eligible for a special use permit — annulling a town Zoning Board of Appeals decision that essentially halted the project. Kocher’s ruling allows developer RSM West Lake Road LLC to move forward in the approval process with its proposed Residences at West Lake Marine Club. Kocher ruled that RSM’s proposed community center clubhouse and sundeck dock constituted a Private Water Oriented Recreational facility, or social club, and therefore would be eligible for a special use permit. The ZBA had ruled in November 2006 that it was not eligible. The decision also entitles RSM to the 81 boat slips and 35 morrings requested in its proposal. Also, as part of his ruling, Kocher rejected two lake protection groups’ challenge of the sundeck dock. Kocher acknowledged that the sundeck is prohibited under the docking and mooring law, but his ruling notes that the lake protection groups, the East Shore Association and the Canandaigua Lake Watershed Alliance, have no standing in the matter, since they are not residents of the adjacent properties. “We are pleased that the judge ruled in our favor and that the merits of this project are affirmed,” said RSM partner Steven Mancini. “After a delay of more than a year, we are anxious to move forward, and work constructively with the town and our neighbors to resolve any outstanding issues and start building.” RSM had agreed to purchase the German Brothers Marina on West Lake Road, providing it was able to obtain approval for its project and the necessary permits. RSM plans to build 67 homes on the Johnson property to the south of and in back of the marina. Plans include converting the existing marina into a private marina that would serve the home owners. A 4,000square-foot community clubhouse and cantilevered sundeck dock with boat slips and moorings would complete the private marina. Last year, zoning officer Jean Chrisman determined that the marina fell under a “pre-existing nonconforming use” and that RSM could request a special use permit for a “Private Water Oriented Recreational facility,” or social club. She also determined that the number of boat slips sought by RSM were fewer than the maximum 220 boat slips and 195 moorings allowed and that the 1,500-square-foot dock conformed to the Canandaigua Lake Docking and Mooring Law. Chrisman’s determinations were challenged in letters to the ZBA from the lake protection groups and residents. Hearings began last September, and in November the ZBA overturned Chrisman’s decision, ruling that the clubhouse wasn’t eligible for a special use permit because social clubs had to be water-dependent. The ZBA also determined that since the homeowners association owned the property it would stand on, the property would fall under residential zoning; and that the sundeck dock was prohibited under docking law. RSM then challenged the ZBA ruling in state Supreme Court, leading to Kocher’s ruling Friday. “We haven’t had a chance to thoroughly review (the decision), but there appears to be some inconsistencies,” said West Lake Road resident Priscilla Herbik, who was among residents who appealed Chrisman’s original determination. “It’s premature to ask for any comments.” Chrisman, unaware that the decision had been rendered, declined to comment Saturday. Town attorney Derek Brocklebank could not be reached for comment. Canandaigua, NY Daily Messenger June 13, 2007 Board feels ambushed by one of its own Town officials are clashing over accusations of a “flawed” review of a big proposed development By PHILIP ANSELMO Messenger Post Staff CANANDAIGUA — A controversial condominium complex off Middle Cheshire Road has thrown a spotlight on the town’s planning process and exposed the deepening gulf between key town leaders. A nine-page memorandum filed by Town Board member Marion Cassie just hours before a June 5 meeting concludes that “the process has been so flawed that the only recourse is to start over.” But the surprise accusations also put Cassie at odds — again — with the town supervisor and left her open to criticism that her methods have obscured her message. “Unfortunately, with the timing of it, we did not receive her memo, which was fairly substantial, until just before the meeting, so there really wasn’t any time to look at it and be ready to talk about it,” said Councilman Ralph Brandt. In her report, Cassie accused town leaders of “acquiescing to the demands of developers” and muddling official procedure. She revisited many of the disputes raised at a contentious two-hour public hearing a few weeks earlier when Wegman Cos. outlined plans to develop 144 residences on 49 acres. But Town Supervisor Lloyd Kinnear said that she was “putting the cart before the horse.” The town had only begun the process and would take all of the issues into consideration, he said. “She used Tuesday evening’s Town Board meeting as her own platform to discuss the Wegman project,” said Kinnear. “There will be a more appropriate time for those discussions.” Town Attorney Derek Brocklebank referred to the review process as a “moving target” and said that Cassie’s comments were “premature.” Brandt also encouraged slowing down. “Maybe we can review the materials” submitted by Cassie before the meeting, get advice from the “paid professionals” and reexamine the proposal once everyone had the time to formulate their views, said Brandt. “We’ll have to wait to see if there’s a positive or negative declaration” of environmental impact from the town’s Planning Board, said Kinnear. “If there is a negative declaration and there is no significant environmental impact, then we can move forward in the rezoning process.” The rezoning process and the Planning Board’s review were the two points Cassie contested most in her report. The Planning Board was put in charge of a process that should have been managed by the Town Board, she said. And the town couldn’t rezone to allow for greater density of development because the land under question was only part of a larger plot and could not be rezoned without changing the entire plot. “I consulted with our attorney and planning consultant,” said Kinnear, who found nothing “out of order” in the delegation of responsibility, which he said Cassie even approved at the time. “The Town Board shall remain an interested party but not be the lead agency.” Even so, said Cassie, the density of the development still grossly violates the town’s “comprehensive plan” that encourages no more than one home per one acre. The proposal by Wegman Cos. would triple land density with slightly less than three residences per acre, she said. Kinnear also took issue with what he saw as Cassie’s lack of propriety. When the town’s planning consultant, Ron Brand, objected to Cassie’s accusations, she responded by noting Brand’s imminent appointment to the presidency of the New York State Planning Federation and implying that Brand was not in compliance with their protocol, according to Kinnear. “When Marion doesn’t get her way she just keeps poking and poking” said Kinnear. “She was quite rude to our town attorney and our planning director. There was no professional courtesy extended to the planning director.” Brand did not respond in detail to Cassie’s comments and accusations at the meeting, opting for terse answers to her queries. “She took everyone by surprise and expected us to be prepared to comment on it,” said Brand. “If the tables were turned, I don’t know if she’d appreciate it or not. “As far as what she’s saying, I respectfully disagree. We’re following correct procedures.” Despite heated exchanges at the meeting, some town officials respect the color and intensity of a process that often seems to devolve into a clash of personalities. “She does a very, very good job of analyzing the substance of environmental issues presented by particular projects,” said Brocklebank. “It may have seemed contentious but that is part of the deliberative process. There is a give and take, issues and disagreements. But the hope is that the end result is the best result that can be achieved for a particular application.” Other board members, though respectful of Cassie’s research and insight, side with established procedure. “Marion is certainly entitled to her opinion about the process,” said Brandt. “And if there’s anything that could be said about Marion it’s that she goes to great lengths in her research. ...As much as I appreciate the effort she put in, I rely on the town’s advisors.” In a continued effort to make her arguments heard, Cassie sent a single-page synopsis of her report, reiterating her objections to the development, to Terry Fennelly, chair of the town’s Planning Board. In it, she asked that the letter be read at their June 12 meeting. Canandaigua, NY The Lake Reporter May 2007 Beware of this precedent By Carol Maue Misinformation is still circulating regarding the residential lakefront development that the Mancini brothers, the owners of RSM West Lake Road, LLC wish to build on West Lake Road in the town of Canandaigua. Unlike RSM, the not-for-profit corporations and the three courageous citizens who have taken this matter to court do not have unlimited funds to hire public relations professionals to prepare slick “Facts or Fiction” brochures to sway public opinion. This is a complex zoning case that requires understanding of complex legal principles. The proponents of this project are using this complexity to obfuscate the facts and to confuse the public. The Canandaigua Lake Uniform Docking and Mooring Law is a uniform local law adopted by every community around Canandaigua Lake, intended to supplement each community’s zoning laws. Prior to the enactment of the Docking Law, the Ontario County Planning Department conducted public meetings to explain its objectives. Minutes of these meetings demonstrate that the law’s primary purpose was to prevent “intensive development of a relatively small portion of lakefront for a relatively large number of upland residents” and to prohibit “each upland resident from owning a boat.” To curtail intensive, lakefront development in residential zoning districts, the Docking Law states that it is the upland use that controls the kind of development that may occur at the lakeshore. The more lineal feet of lakeshore one owns, the greater the number of docks, boats, berths and moorings permitted for property that is zoned residential. The Docking Law therefore creates two categories of lakeshore development, the “Residential Land Use Category” that applies when the use of the upland is for residences or “places of dwelling”, and the “All other land Uses Category” that only applies when the use of the upland is for some other purpose than places of dwelling. The upland use contemplated by RSM is for construction of approximately 70 residences and green space to be owned individually by the resident or by a Homeowners Association in which only the residents are qualified to be members. Since the upland use in this Project is residential, it seems self-evident that the associated lakeshore development must occur under the more restrictive, “residential Land Use Category” of the Dock Law. But the Town’s Zoning Officer determined that the ”All Other Land Use Category” applies based solely on the label that RSM applied to its lakeshore development. Although the Zoning Board of Appeals reversed the Zoning Officer, RSM has appealed to the Supreme Court. This is the crux of the pending lawsuit. Moreover, if RSM is permitted to develop the shoreline of this Project under the “All Other Land Uses Category” of the Docking Law, by constructing a 4,000 square foot clubhouse with seating for over 350 people, a view dock over 1,000 feet in length with docks and moorings for over 116 boats on approximately 540 lineal feet of lakefront and a 53 car parking lot, then any other developer who buys lakefront property in the Town’s residential zoning Districts can rely on this precedent and do exactly the same thing. This is the case because the German Brothers Property on which this intensive lakeshore development is to be built is zoned as “Residential Lake District” property and its current use as a commercial marina, open to the public, is a pre-existing, non-conforming use that may continue to exist only so long as it is not changed in any respect. Once the German Brothers marina is torn down by RSM, under the Town’s zoning Law, the property’s status as a pre-existing non=conforming use is extinguished and it may then only be developed for residential purposes regardless of its prior use as a commercial marina. The mere “fact” that there was once a commercial marina on the German Brothers Property is irrelevant and will not be a sufficient legal basis to distinguish RSM’s lakefront development from any similar residential development. Any competent lawyer representing another developer will take full advantage of this precedent and it is disingenuous for RSM to contend otherwise. The precedent will destroy the views and passive enjoyment of Canandaigua Lake, promote over-crowding, over-population of boats and hydrocarbon pollution and have an adverse impact on tourism, property values and most importantly, water quality. Canandaigua Lake is a vast reservoir, providing drinking water for over 60,000 people in the Canandaigua Lake watershed. Don’t be swayed by slick advertising, particularly when the continued vitality of Canandaigua Lake, our most precious resource, is at stake. Carol S. Maue is a Partner with the Chamberlain D”Amanda law firm and is the attorney representing the Canandaigua Lake Watershed Alliance, Inc. and the East Shore Association of Canandaigua Lake, Inc. in the court case regarding this Project that is currently pending in the new York Supreme Court in Ontario County. Ms. Maue and her husband are also West lake Road residents and lake front owners in the RLD zoning district in the Town of Canandaigua. Canandaigua, NY Daily Messenger May 16, 2007 Clashes erupt over condo plan The Villas in Canandaigua prompted a tense two-hour hearing. By PHILIP ANSELMO Messenger Post Staff CANANDAIGUA — A raucous two-hour public hearing before a packed house left the fate of a proposed 144-home development at the center of town still very much in the air. Rochester-based real estate developers Wegman Companies has proposed the Villas at Canandaigua, which would consist of 36 clustered units of condominium-style living on 49 acres south of Routes 5 and 20 and west of Middle Cheshire Road. The 1,300- to 1,500-square-foot homes are expected to range in price from $175,000 to $225,000. Each unit would include four separate residences and a single shared garage. Opponents decried the density of homes and the potential for more traffic problems on heavily traveled Middle Cheshire Road. Their remarks were met with loud applause. A few proponents said more “empty-nester” homes like the Villas are needed in town. The session was also marred by confusion, with varying numbers for proposed homes being bandied — 144 versus 136 — and needling between political opponents on the Town Board. “This is not a typical single-family residential neighborhood,” said Wegman’s attorney James Bonsignore. “There will only be one to two people per home — emptynesters, vacationers, weekenders, not families.” Town resident Paul Reck loudly lamented the impact of such a dense cluster of homes on the cost of trash service and sewage treatment for the rest of the town, and, with at least a hundred more cars on the road, the likely increase in winter driving accidents. With less than 2 percent of the homes projected to have children for an average of 1.6 individuals per residence, “density does not always translate into numbers,” said Bonsignore. The impact on traffic would be less significant than if the project included 44 single residences, the maximum allowed under the current zoning restrictions which permit only one home per acre, he said. Along with many others present, town resident Tom Knapp failed to reach the same conclusion. “You’re tripling the density,” he said “I don’t see how 136 versus 44 is in any way consistent with the goals and objectives of the town’s comprehensive plan ... How flexible are we? One-hundred-thirty-six goes way beyond 44.” Addressing the Town Board directly, Knapp said: “At what point do you recognize that you’re advocating for the developer or advocating for the town. You are looking at a short-term economic gain that outweighs the long-term vision of the town.” As part of its rezoning request, Wegman has offered the town amenities, such as an extension of the water main and sewage line to offer connections for nearby residents along Middle Cheshire Road and the addition of a right-side turning lane at the southern intersection of Middle Cheshire Road and Routes 5 and 20. Town Planning Consultant Ron Brand, who had to struggle to make himself heard over the roar of crowd noise, tried hopelessly to correct the misunderstanding between “amenities” and “incentives,” a confusion that led to several arguments. Project engineer Bob Cantwell said the population of individuals over the age of 55 will double over the next two decades, adding, “There is nothing like this currently available here.” Council member Dave Dawson, a vocal opponent to the project along with council member Marion Cassie, objected, saying there are already more than 600 empty lots approved for building all over town. “We have a glut of proposed sites to build upon,” said Dawson. “And you’re putting 546 vehicles onto roads that are already incredibly congested. I just can’t support this rezoning.” The debate included several jabs between Cassie and Town Supervisor Lloyd Kinnear, who have clashed on development issues in the past. Kinnear often grimaced as Cassie spoke, and at one point she sarcastically referred to Kinnear as “his highness.” Wegman Companies has already drawn up plans for the project, submitted a formal application to the town Planning Board, conducted market research and received a traffic study. Last night was the first of at least two public hearings on the development. Two hours after it opened, the hearing was adjourned and will re-open on July 17. Canandaigua, NY Daily Messenger March 19, 2007 Nice lake, if you can get there Mooring slips for rent to the public are few and far between on Canandaigua Lake. Some say the possible sale of German Brothers Marina could make the crunch worse By MICHELE E.CUTRI-BYNOE Messenger Post Correspondent Candandaigua Lake has nearly 36 miles of shoreline, most of which is lined with private homes and hundreds of docks and hoists. For those homeowners, a cruise on the lake is not much more complicated than getting out of bed. But for others not so fortunate, without a dock, Canandaigua Lake is not so boaterfriendly, particularly on warm-weather weekends when everyone with the means to be on the water wants to be. At the three public launches, traffic lines up and tempers get short. The alternative, a rented slip, is expensive or unavailable as demand outstrips supply. If a developer converts German Brothers Marina on the west shore to a private club as planned, the owners of other marinas around the lake say they don’t have enough slips in the water to take the boats there now. RSM West Lake Road LLC of Victor wants to build 67 upscale homes on the hill above and to the south of German Brothers Marina. As part of the project, it would turn German Brothers into a clubhouse and private marina with 35 mooring sites and 12 docks with 81 boat slips. RSM is currently awaiting a judge’s decision on whether it can move forward with the project, since the town of Canandaigua has denied the company permission to turn the marina into a clubhouse. If a judge rules in the company’s favor, many wonder what will happen to the 120 boats kept at German Brothers; 33 of which occupy slips. “The only (marina) that looks like it could accommodate (boats) would be Pelican Point, but that’s a 20-to 25- minute drive,” said Rodger Jackson of Vista Drive, a German Brothers’ customer for years. “If I wanted to use my boat, I’d make the drive,” said Jackson. “But if it were closer, I’d use my boat more often.” For larger boats, trailering to a launch is often problematic. And even for smaller, easily trailerable boats, Canandaigua is often not the lake of choice solely on the basis of time-efficiency. A weekend angler, for example, might opt for a slightly longer drive to, say, Seneca or Hemlock — more than offset by not having to wait at the launches, either coming in or out of the water. The gradual effect is the impression that Canandaigua is becoming more and more of a private lake. According to Steve Lewandowski of Canandaigua Watershed Alliance, a group that tries to protect the lake, it’s “public property, so access to the lake is important.” “Only 3 percent of the shoreline is publicly owned,” he noted — a large part of that state-owned High Tor marshland at the south end of the lake. The lake has three public launches: in the city of Canandaigua, Woodville and Vine Valley (as well as one at Onanda Park open only from November to April), and they get congested quickly on peak days. “There has been real hostility,” Lewandowski said, with boaters “jostling for position.” Beyond the issue of public access, the development will also bring more boats to the lake. In theory, the 120 boats at German Brothers will continue to ply the lake. It’s just a question of how and where they will be stored. The new homes and new boats mean more fuel spilled into the lake, Lewandowski said. He cited the 1994 State of the Canandaigua Lake Watershed report that estimated a total of 15,162 gallons of fuel spills from boat engines into the lake per year. German Brothers’ general manager suggested that, even if RSM gets a judge’s approval, the marina will still do some public business. “We will continue to store bow rider boats and sailboats up to 22 feet,” said general manager Steve Schreiner. “The big cruisers and big sailboats, we won’t be able to handle after the sale goes through,” he added. Nor, possibly, will anyone else. At the private Bristol Harbour Marina off Seneca Point Road, “residents have first priority” for slips, said Beth Gates, the resort’s controller. “Our nonresident (slips) number 10, and decline annually,” added Dale Stoker, general manager for the development company that oversees the marina. “We’ve been full every year.” Bristol Harbour has no drydock storage. Seager Marine Inc. on Canandaigua’s City Pier said much the same thing. “Two or three (slips) a year come up for rent,” said Jim Bell, a sales associate. Seager Marine has all the slips that the Canandaigua Lake Uniform Docking and Mooring Law will allow, so there are no plans to expand. “This year, they’re all rented,” added Bell. Slips are at capacity now at Sutter’s Canandaigua Marina Inc. on the City Pier; however, space at a dock is guaranteed with new-boat purchases, explained Joe Paris, Sutter’s general manager. “I can accommodate up to 80 more boats in dry storage,” he added. At Pelican Point Marina at 4801 County Road 11 in Gorham, “I have a fair amount of (dry storage) room,” said general manager Terry Principe. Pelican has two or three slips available now, he added, though they’re not big enough for cruisers. “There might not be a place on Canandaigua Lake for them,” he cautioned. “Big sailboats may be a problem, too. I can launch them, but slips would be a problem,” said Principe. Smith Boys Jansen Marine in Woodville could not be reached for comment. Michele Cutri-Bynoe can be reached at (585) 394-0770, Ext. 256, or at messenger@mpnewspapers.com Canandaigua, NY Daily Messenger February 28, 2007 Letter to the editor Skirting the law of the lake Some local real estate developers dress up in sheep’s clothing to pretend that they are doing something beneficial for the community and the lake, as though they have altruistic motives. Let’s be clear, corporations are not the same as human beings. Their sole reason for existence is to make money and feed their bottom line. Few truly serve the communities in which they operate. I find myself wondering if the RSM corporation, which is developing the Johnson property off of West Lake Road in Canandaigua, really thinks we can’t see through their disguise as they present their pitch to turn a colorful, old, public establishment, German Brothers Marina, into a private yacht club for the benefit of their bottom line. Among many things, this proposal challenges local zoning laws as well as the intention and letter of the Canandaigua Lake Uniform Docking and Mooring Law. However, beyond the ruse and the legal issues that this calls forth, what disturbs me the most is a moral issue. RSM feels entitled to twist the Canandaigua Lake Uniform Docking and Mooring Law to fit its purposes. This law was put into place to promote fair sharing of access to the lake. Everyone else honors the intention behind this law and plays by its rules yet RSM says it doesn’t have to. I want to speak up to say that this elitist attitude upsets me and to encourage others to speak up as well. I hope that the power in grassroots numbers will protect the waters and the land that is our lake and its watershed. Canandaigua Lake is a special environment worth cherishing and fighting for. Jane Bronson South Bristol Canandaigua, NY Daily Messenger February 16, 2007 LAKE EFFECT Developer launches PR blitz A Victor company is looking for public support for a project that — so far —has made no headway with Canandaigua officials. By MICHELE E.CUTRI-BYNOE Messenger Post Correspondent CANANDAIGUA — Days before it argued in state Supreme Court for the right to build a private marina on Canandaigua Lake, a Victor developer mailed brochures and letters to 1,200 Canandaigua residents seeking public support for the project. RSM West Lake Road LCC of Victor wants to build 67 homes on the hill behind and to the south of German Brothers Marina. Plans call for converting German Brothers to a private marina to serve the residents of the development, to be called Residences at West Lake Marine Club. Neighbors and two lake protection groups have argued that the project would set a precedent for something called keyhole development, in which the number of upland homes dictates the number of boats. The Docking and Mooring Law, they say, was written to prevent this kind of leveraging. Under the law, the number of boats is determined by the length of shoreline. Opponents of the project say it should be considered residential, which would limit RSM to far fewer boats than it wants. Though RSM has countered that argument at Zoning Board of Appeals meetings and in court, it is also going directly to the residents. “You may have heard this project will set a precedent for ‘keyhole’ development. ... Fact is, the only precedent this project will set ... is for the redevelopment and transformation of an existing marina into a private marina,” the company’s brochure reads. “RSM’s work would only be a precedent for other preexisting, non-conforming, non-residential lots,” explained Steve Mancini of RSM Development Co. in his letter accompanying the brochure. That mouthful means that German Brothers was there, thus “pre-existing,” before the neighborhood became a residential zone. The town grandfathered German Brothers, allowing a “non-conforming” use to continue on a residential property. All this makes the redevelopment of German Brothers a one-of-a-kind case, not a template for development down the lake, RSM says. “You may have heard that RSM plans to allow hundreds more boats into the German Brothers Marina ... Fact is, we only sought space for 116 boats — 81 slips, 35 moorings ... a net increase of just 16,” the brochure continues. It was enough to convince Gerald Brown, who lives five houses away from the project site. “They’ve done a good job with their brochure explaining that people shouldn’t be afraid of the precedent,” Brown said. “If I can believe what I read, this property is somewhat unique, and it won’t set a precedent,” said another resident, Richard Gilligan. “I’m not against the project, but I do have concerns, and these guys are addressing them.” Opponents of the project argue otherwise. “The assertion in the RSM brochure that this development will not set a precedent for ‘keyhole development’ that inappropriately leverages shoreline and lake access is false,” insisted Carol Maue, a partner with the law firm Chamberlain D’Amanda, representing the Canandaigua Lake Watershed Alliance and the Eastshore Association. The marina is not the point, she said. “The German Brothers property ... is zoned RLD (residential lake development), even with the existing nonconforming use,” said Maue. “The fact that there is a marina on the property is irrelevant.” RSM should only be allowed the number of boats set forth for residential property, she has argued. With just over 1,100 feet of shoreline, the total comes to 23 slips, according to the town zoning officer, Jean Chrisman. “The people of Canandaigua who wanted to protect the lake developed a law to prohibit the RSM type of development, which generates a tremendous amount of boat traffic and privatizes more of the lake frontage,” said West Lake Road resident Chris Herbik, referring to the Canandaigua Lake Docking and Mooring Law. If RSM’s plans get approved and others follow suit, he said, eventually, only the wealthy will have access to the lake. In addition, Priscilla Herbik said, the boat count is misleading: “German Brothers has only 68 wet slips and that is for both docks and moorings.” The other 35 boats at German Brothers are in dry dock, which is nothing more than boat storage, said Priscilla Herbik, a project opponent who is also a party in the court case. “The number of boats will be the major issue,” agreed Dennis Moore. He lives right in the middle of the proposed development and he wants to see the project go forward. RSM has said that even if it can’t get the approval for a private marina, it will build the 67 homes. German Brothers would remain as is, a marina serving the general public in addition to the new homeowners. “The latter part almost sounded like a threat to the community because no matter what the court decided, they were going ahead with it anyway,” said Thomas Harradine, who lives eight houses north of the marina. “The brochure didn’t change my mind at all.” “I’m not against them building their homes, but they’re trying to steamroll us,” agreed James Bell, who lives next door to the proposed development. Beyond boats, RSM has sought to address other issues, including the argument that all those homes will use lawn chemicals that will eventually end up in the lake. “You may have heard that pesticides and fertilizer will run off the developed property into the lake. Fact is, RSM hired a certified arborist and expert in organic fertilizers and pesticides from Broccolo Tree and Lawn Care Inc.,” stated the RSM brochure. But it doesn’t matter if the phosphorous is from an organic source, said Russell Welser, educator for the Cornell Cooperative Extension horticulture program in Ontario County. “If there is water going into the lake (after a storm), they (the new homes) will likely be contributing to phosphorus loading,” said Welser. Phosphorous is a nutrient in fertilizers that increases aquatic plant growth and has been responsible for algae blooms in the lake over the last few summers, explained Kevin Olvany of the Canandaigua Watershed Council. “Increases in phosphorous ... are a significant threat to the long-term health of Canandaigua Lake,” said Bruce Gilman, a conservation professor at Finger Lakes Community College. Olvany said that RSM hired the right landscaper and he suggested the use of a nonphosphorous fertilizer that he has asked area retailers to carry. According to Olvany, Phelps Supply is the only one so far to stock it. Contact Michele CutriBynoe at (585) 394-0770, Ext. 256, or at messenger @mpnewspapers.com. Canandaigua, NY Daily Messenger February 16, 2007 What’s all this about a private marina? Debate over a controversial lake project hinges on how to classify one portion of the project. By MICHELE E.CUTRI-BYNOE Messenger Post Correspondent CANANDAIGUA — RSM West Lake Road LLC’s plan to build a housing tract and private marina has attracted plenty of attention and opposition. Much of the arguments for and against the project turn on one aspect: A plan to turn German Brothers Marina into a private marina and clubhouse for the people who eventually buy the 67 homes in the tract. The problem lies in how to classify this private marina so it can move through the approval process. In April 2006, the town zoning officer, Jean Chrisman, called it a “private water-oriented recreational facility.” She was relying, she said, on an August 1998 Zoning Board of Appeals interpretation in which the board coined the term. The term does not appear in the current zoning law, however. As such, it didn’t fit neatly into the categories listed in the Canandaigua Lake Docking and Mooring Law, so Chrisman put the RSM clubhouse under marinas and yacht clubs in a catchall category called “all other land use.” That category would permit 220 boat slips and 195 moorings, figures that shocked opponents into challenging her ruling before the town Zoning Board of Appeals. In November 2006, the Canandaigua town Zoning Board of Appeals rejected Chrisman’s interpretation. The ZBA ruled that the proposed private clubhouse was for the purpose of meetings and social gatherings for the residents of the tract. As such, it was a residential use, not “water-dependent” and did not meet the criteria of a “private water-oriented recreational facility.” In December 2006, RSM sued the town, insisting that Chrisman’s interpretations were correct and that the ZBA never made a ruling as to whether the clubhouse met the category for a “social club.” On Feb. 6, RSM’s attorneys, the town and the lake protection groups made arguments before state Supreme Court Judge William Kocher. RSM asked the court to find that its project meets the “all other land use” category. RSM also asked for a special-use permit under the category of “private water-oriented recreational facilities, or social clubs” to allow it to build a 4,000-square-foot private marina clubhouse. It further requested its proposed sun deck be recognized as part of the docking so it would not fall under the Docking and Mooring Law’s ban on view decks. March 2 is the deadline for all sides to submit any additional paperwork to the judge. Kocher is expected to rule sometime after that. Contact Michele Cutri-Bynoe at (585) 394-0770, Ext. 256, or at messenger@mpnewspapers.com. Canandaigua, NY Daily Messenger February 7, 2007 Town, developer square off in court A Victor company is suing the town of Canandaigua to get approval for a private marina for a subdivision it plans to build. By MICHELE E.CUTRI-BYNOE Messenger Post Correspondent CANANDAIGUA — The town of Canandaigua and a developer squared off in state Supreme Court yesterday morning over the developer’s proposal for a private marina and clubhouse on West Lake Road. RSM West Lake Road LLC of Victor had filed the suit, known as an Article 78, to challenge a town Zoning Board of Appeals ruling against its plans to turn German Brothers Marina into a private marina to serve 67 homes to be built on the hill above it. Arguments before Judge William Kocher — who made no decisions — focused on three areas: •Whether the proposed clubhouse at the marina was a water-oriented facility or a social club. Current town law would not allow a social club. RSM argues that it is indeed a water facility. •The correct land-use category for what is now the German Brothers parcel and number of boats RSM would be allowed to dock there if it converted the facility for private use. •Whether a combined sundeck and dock is more sundeck or dock under the town Docking and Mooring Law. Again, the law generally prohibits uses that aren’t directly related to boating. RSM wants to build 12 docks with 81 boat slips and 35 mooring sites. “It’s not an explosion of boats on Canandaigua Lake,” argued Thomas Walsh, a partner in the law firm of Hiscock and Barclay representing RSM West Lake Road LLC, German Brothers Marina Inc. and RSM Development Company LLC. RSM plans call for only 13 more boats than what is currently at German Brothers Marina, he added. This is considerably less than what the town zoning officer, Jean Chrisman, had said would be allowed. She ruled last April that the clubhouse constituted a “water-oriented recreational facility” and would fall under a category that would allow 220 boat slips and 195 moorings. The Zoning Board of Appeals overruled Chrisman in November in a decision that classifies the parcel as residential and would allow docking for 23 boats. That prompted RSM to file the suit. “This is a yacht club, your honor,” Walsh said, arguing that the property should not be considered residential. “There is no place of dwelling on the German Brothers property. There will be no place of dwelling on the yacht club portion of the property.” But the lawyer for two lake protection groups, which side with the town, argued otherwise. “There’s a lot of smoke and mirrors going on here,” said Carol Maue, a partner with the law firm Chamberlain D’Amanda, representing the Canandaigua Lake Watershed Alliance and the Eastshore Association. “There are no subdivisions,” argued Maue, referring to the notion that the yacht club portion could be considered on its own. “These are single parcels of land.” The use of the adjacent upland portion of the parcel determines the zoning, and when German Brothers ceases to exist, the parcel reverts to residential use, Maue said. It doesn’t matter, she said, that German Brothers is currently a public marina. The marina was grandfathered as something called a “non-conforming use” when the area was zoned residential. “You allow a non-conforming use to continue until there is a stoppage of use, then the property reverts to its current residential status,” explained Marty DeVinney, president of Canandaigua Lake Watershed Alliance. Walsh also argued that the “sundeck dock” would be used as primary access to the boats, so that makes it a dock. The town’s attorney, Derek Brocklebank, disagreed, “The sundeck is 103 feet long. Only 18 feet are dedicated to access Canandaigua Lake.” The case returns to court on March 2. Contact Michele Cutri-Bynoe at (585) 394-0770, Ext. 256, or messenger@mpnewspapers.com Canandaigua, NY Daily Messenger January 23, 2007 Letter to the Editor Lake project won’t set precedent Last month’s coverage in the Daily Messenger by Michele E. Cutri-Bynoe of the challenge we filed to the Town of Canandaigua Zoning Board of Appeals’ decisions against our Residences at West Lake Marine Club project was clear and effective. But no single article can tell the full story. RSM Development is based in Victor. We are neighbors who expect to be a part of the Canandaigua community for a long time. We do not propose to build on the Johnson and German Brothers properties and then disappear. We will continue to be accountable and accessible. The Residences at West Lake Marine Club will enhance the German Brothers Marina extensively. A private marine club will add luster and another residential option to an already impressive lifestyle available around Canandaigua Lake. Given some of the challenges made by members of the community and changes we made to the project in response, it’s got to be clear that we’re in this for the long haul. We were pleased when the town’s zoning officer determined that our project met the threshold requirements for consideration for a permit that might allow our clubhouse to be built and boats docked at the German Brothers property. On the other hand, we were disappointed when the Zoning Board chose to overturn the zoning officer’s determinations. To protect our rights, and to pursue the outcome we believe is supported by the law (and consistent with the zoning officer’s determination), we appealed to the courts. However, that does not change our positive attitude toward the town and its residents. Some Messenger readers may be under the mistaken impression that our plans along the lakefront will somehow set loose a precedent whereby developers flock to eat up shoreline. RSM’s work would only be a precedent for other pre-existing nonconforming nonresidential lots. Other lots are either already residential, or are vacant, and, therefore, deemed residential. That is to say, our project is not much precedent at all because so few properties fit all of those limitations. Local laws continue to prevail. In short, we want to do fair and positive business among you that will add to the town’s tax base, lifestyle options and reputation. We agreed to undertake an extensive environmental review because we are confident that once the facts are examined, the community will understand that the Residences at West Lake Marine Club is a worthy project. Steve Mancini RSM Development Co. West Main Street, Victor. Canandaigua, NY Daily Messenger December 17, 2006 Developer Takes Town to Court RSM West Lake Road will ask a judge to overturn a Canandaigua Zoning Board of Appeals ruling against its project. By MICHELE E.CUTRI-BYNOE Messenger Post Correspondent CANANDAIGUA — RSM West Lake Road has filed a suit in state Supreme Court in an effort to get its proposed lakefront project back on track. The case hinges on highly technical language in the town’s code, particularly the Docking and Mooring Law. The Victor-based developer wants a judge to overturn a Nov. 14 Canandaigua Zoning Board of Appeals ruling that put a halt to its plans for a private marina to serve a 69 home subdivision. Under the plan, RSM would turn German Brothers Marina into a private marina; the homes would be built on the hill above and to the south of the marina. RSM also wants a court to overturn the Zoning Board’s ruling that the project is residential in nature and only allowed to dock up to 23 boats, given its roughly 1,100 feet of shoreline. RSM wants 81 boat slips and 35 moorings. On Thursday, RSM filed what is known as an Article 78 proceeding. A hearing is set for Jan. 23. “It’s the next step in the process,” explained the Canandaigua town zoning officer, Jean Chrisman. “It’s an unusual step. There aren’t very many article 78s filed. They are few and far between,” she added. Although Chrisman can’t comment on the case, she did offer that, “It’s an opportunity for the court to view the entire file and to make their unbiased ruling on the application.” RSM is asking the court to find that its project is not residential but falls under the “All Other Land Use” category of the Docking and Mooring Law, and that it be allotted the number of boat slips consistent with that category. RSM is also asking that its proposed 4,000-square-foot clubhouse and cantilevered sundeck with tables and chairs be eligible for a special use permit under the category of “private water-oriented recreational facilities, or social clubs.” The company further requests its proposed sundeck that extends out to one of the boat slips be recognized as designed for docking and other water oriented activities. The Zoning Board had ruled that the sundeck falls under the Docking and Mooring Law’s ban on gazebos, view decks, screened porches and shelters not related to docking and mooring. The Zoning Board also concluded that the clubhouse had to be “water dependent” to qualify under “all other uses.” Enjoyment of lake views was not enough, it ruled. But Thomas Walsh, a partner with the law firm Hiscock and Barclay, representing RSM, asserted that the club facilities actually are water dependent because of the boat docks, moorings, ramp, hoist, and the gas dock for boats. Walsh further argued that the town zoning code doesn’t say “water dependent.”: “It states that the special permit is for ‘water-oriented facilities.’” The clubhouse is clearly intended to be a social club for residents and guests, so it is private, explained Walsh. It’s a club for boating, swimming and scenic enjoyment, so it is water-oriented, he continued. It is recreational because the clubhouse is not going to be operated for commercial gain, Walsh argued. “West Lake Marine Club exactly fits the description criteria for a ‘private water-oriented recreational facility, or social club,’” concluded Walsh. “RSM feels strongly that it’s a good project that will enhance the property and the town,” said Walsh. “... Recreational enjoyment of the project’s residents and guests would significantly reduce the boating traffic and car traffic associated with the present high-volume use of the commercial marina... .” The new court case means another round for two lake protection groups that just a month ago had cheered the Zoning Board’s ruling. “We have a public trust to maintain that lake,” said Carol Maue, a partner with the law firm Chamberlain D’Amanda representing the Canandaigua Lake Watershed Alliance and the Eastshore Association. “We reassert that the Zoning Board of Appeals decision was correct.” The homes and marina would be built on two parcels of land: the Johnson parcel and the German Brothers parcel. Both parcels have lakefront and property upland on the west side of West Lake Road. The German Brothers parcel has had a commercial marina in operation since 1961 (the German Brothers have operated their marina since 1977). That parcel is currently zoned nonconforming use, but once the buildings are torn down as RSM proposes, the zoning would change to residential. According to the Docking and Mooring Law, the upland portion of the parcel also determines the type of land use for the entire parcel, explained Maue. RSM proposes to build a clubhouse, and a sundeck dock with a private marina on the lake side of the German Bothers parcel. The upland portion of that parcel would have a parking lot for the clubhouse marina facility and three single family homes. Maue asserts that the fact that there are three single family homes to be built on that upland parcel makes the entire parcel’s zoning “residential.” Neighbor Al Kraus, who was another party in last month’s Zoning Board case, concurs with Maue. “Once it is no longer a public marina, the grandfather clauses are gone,” he said. Neighbors, he said, are concerned about setting a precedent of allowing a residential development to have its own private marina. If RSM builds what it wants, then Kraus has one question: What’s to stop someone else from buying lakefront property and tearing down existing structures to build another private water oriented recreational facility? Canandaigua, NY Daily Messenger November 26, 206 Canandaigua waits for word on RSM lake project A developer has not yet responded to a Zoning Board ruling that would force it to redesign part of a big lakefront project. By MICHELE E.CUTRI-BYNOE Messenger Post Correspondent CANANDAIGUA — RSM West Lake Road has until Dec. 16 to decide whether to appeal a town Zoning Board decision that blocks part of the company’s plans for a large lakefront development. In a series of rulings on Nov. 14, the Zoning Board of Appeals rejected a determination by the town code officer that the company could have as many as 220 boats docked at a private marina serving a 69-home development. Code officer Jean Chrisman’s determination would have allowed RSM to moor an additional 195 boats. The company has only requested permission to dock or moor a total of 125 boats, however. The Zoning Board essentially disagreed with the way Chrisman classified the project to arrive at her determination. Instead, it ruled that the project, as currently designed, is residential and entitled to about one-fifth the boats RSM has requested. The town’s Docking and Mooring law bases the number of boat slips allowed on the total lake frontage. “The project has 11,034 lineal feet of lake frontage, so only 23 slips and 11 docks will be allowed,” Chrisman said. The board also rejected the company’s plans for a sundeck on the proposed marina’s clubhouse and ruled that it would need setback variances for the marina buildings in it plan. RSM had argued that it should only have to abide by an average setback based on those of surrounding buildings. RSM has not informed the town of its intentions yet, according to Chrisman. Company officials did not return phone calls. According to Chrisman, RSM has two options: It can reconfigure the project, or appeal the Zoning Board of Appeals’ Nov. 14 rulings. Should RSM decide to appeal, it has 30 days from Nov. 16 to file what is called an Article 78 proceeding in state Supreme Court, she explained. Contact Michele CutriBynoe at (585) 394-0770, Ext. 221, or at messenger@ mpnewspapers.com. Canandaigua, NY Daily Messenger November 15, 2006 LAKE EFFECT Zoning victory for lake project opponents Two lake protection groups argued against a private marina. By MICHELE E.CUTRI-BYNOE Messenger Post Correspondent CANANDAIGUA — The Canandaigua Zoning Board of Appeals issued rulings last night that essentially halt a developer’s plan to build a private marina for a proposed subdivision off West Lake Road. “They would have to replan the project,” said East Shore Association member Stuart Norris, referring to the developer, RSM West Lake Road. The East Shore Association is one of two lake protection groups that, along with West Lake Road neighbors, challenged various aspects of the project. The zoning board voted 4-0, with Julie Hoffman absent, to overturn the town zoning officer’s determination that the private marina could have 220 boat slips and 195 moorings. RSM West Lake Road had not even asked for that many. The company had proposed building 12 docks with 90 boat slips and 35 moorings at the site of what is now German Brothers Marina. This private marina would have served 70 single-family homes up the hill. But even the numbers the developer requested would have been too many, argued neighbors and lake protection groups. Carol Maue, a partner with the law firm Chamberlain D’Amanda, had argued on behalf of the Canandaigua Lake Watershed Alliance and East Shore Association that the developer was proposing keyhole or funnel development, which would lead to intensive use of a small portion of lakeshore by a large group of people. That, she added, is contrary to the intent of the town’s Docking and Mooring Law. The ZBA agreed by reversing Zoning Officer Jean Chrisman’s determination that the project be governed under the docking law’s “All Other Land Use” category. “It would be my opinion that this is residential,” said Zoning Board Chairman Graham Smith. Residential use would allow fewer docks and slips than the developer wants. The zoning board also rejected Chrisman’s ruling that the clubhouse would constitute something called a “private water-oriented recreational facility.” After some deliberation, the board determined the proposed clubhouse was for socializing and enjoying lake views, not necessarily for recreation. Chrisman has also made the determination that the proposed 1,500-square-foot sundeck would constitute a dock. Residents Oksana Fuller, Priscilla Herbik and Al Kraus appealed this determination stating, that even the developer refers to it as a “sundeck,” and under the Docking and Mooring Law, permanent structures unrelated to dock and mooring are prohibited. “I agree,” chimed in board member Gary Davis, just before the board voted to grant the appeal and reverse this determination as well. RSM officials left immediately after the rulings were announced. The company has the option of appealing. The Lake Reporter November, 2006 Thanks for Your Help, and…… ….once again, the Board of the Canandaigua Lake Watershed Alliance asks for special support from its members. Thirty-two of our members have contributed a total of nearly $5,000to our legal fund to contest the Town of Canandaigua’s zoning determination regarding RSM West Lake Road LLC’s application to build a private clubhouse and slips and moorings for over 100 boats on Canandaigua Lake’s shore. We thank those contributors. As yet the Canandaigua Zoning Board of Appeals has not ruled on our appeal, but, after some delays, the issue has been the subject of a public hearing on September 11, October 16, and October 23. At the October 23 meeting, the ZBA said it would issue a ruling at their regular November 14 meeting. Though we hope that our position will be susteines by the ZBA, it seems highly likely that there will be appeal in the courts, no matter which way the ZBA rules. We will continue to advance this case as long as our members financially support CLWA’s effort. We believe that it is a CRITICAL ISSUE to the future of Canandaigua Lake. Audiences at the hearings and others who became familiar with the issue agree. Litigation is costly but necessary at times. We have hired Carol Maue, a partner at the Chamberlain D”Amada and a Canandaigua resident, to research and articulate our case within the existing zoning and docks and moorings laws. We are pleased with her presentations at the CLWA Annual Meeting and at the public hearings of our case. Luckily, the East Shore Association has been willing to share the cost of representation. But costs have already exceeded the original $5,000 retainer and will continue during the appeal process. Once again, the Board of the Canandaigua Lake Watershed Alliance asks for special support from its members. All contributions to the legal defense fund will be kept separate, and a special report on their expenditure will be made to contributors. In the unlikely event that any funds remain after the conclusion of this action, contributors can choose pertial refund or a direct contribution to other CLWA activities. To discuss making a tax-deductible contribution to CLWA, call Marty DeVinney at 734-2178 or steve Lewandowski at 394-5030. CLWA may also be reached via e-mail at stachu14512@yahoo.com. Please send your clearly marked (Legal Fund) contribution to CLWA, PO Box 323, Canandaigua, NY 14424. Canandaigua, NY Daily Messenger October 29, 2006 Guest Essay By Anthony Busch: Anthony Busch is president and director of the East Shore Association of Canandaigua Lake Inc. Don’t risk our beautiful lake It is the beauty of Canandaigua Lake that has attracted these developers in the first place and we should not give up our control to protect the lake for someone to turn a profit. We have been blessed with a pristine lake with a quality rating of AATS, the second highest category. It provides drinking water for over 50,000 people; an excellent fishery; and a world class recreational facility for families to enjoy. This lake brings many blessings to our community. But what would happen if the lake’s water quality became polluted? The economic impact would be catastrophic. Years ago our elected officials, land-use planners and environmental engineers recognized the need to manage development around the lake to protect its ecosystem. They recognized that the lake is a living organism that needs to be protected by us as caretakers. The town of Canandaigua should be proud of its excellent Comprehensive Development Plan, approved in 2005, which recognizes the unique restrictions of lake side development. The Canandaigua Lake Watershed Plan of 2000 was developed with guidelines to protect the lake environment and watershed. The Docks and Mooring Law of 1992 was enacted to prevent overbuilding of the lake front to protect the ecosystem of the shoreline. All seven towns surrounding the lake have adopted the Docks and Mooring Law. We are forever grateful to those people who had the foresight to control the environmental issues that maintain the quality of this lake. Recently, a local developer approached the Canandaigua Zoning Board of Appeals with a development plan containing some rather alarming zoning interpretations. This is for property under their control at the German Brothers Marina on West Lake Road which includes the marina and the land running up the hill behind the marina. They have questioned the Town of Canandaigua Zoning Officer on several interpretations of the Docks and Mooring Law, which we feel she has answered incorrectly. Her interpretation is that this project qualifies under “for all other uses,” which means the developer could have as many as 255 boats and docks, which is more than 220 over which the law intends. This would dramatically increase the number of boats on Canandaigua Lake with their resulting hydrocarbon pollution. Seventy homes would be constructed and the view above the waterfront will become a sea of roofs extending from West Lake Road to the ridge line. This is a “keyhole” or “funnel” development, which is in direct conflict with the Town of Canandaigua Comprehensive Development Plan, the Docks and Mooring Law and the lake preservation guidelines developed by the Watershed Alliance. People, stop and think. Decisions made in haste today can forever damage future resources. We ask all elected and appointed officials of the Town of Canandaigua to get involved in this proposed development and