Critics plan to challenge Brighton town project approval

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In the wake of an affirmative vote by the Brighton Town Board, some residents are carrying on the fight over the town hall renovation project.

A GoFundMe campaign, “Support Brighton’s Legal Challenge for Transparency,” was launched last week by former town Planning Board members who have been critical of the project’s development and have resigned over its implementation.

Funds collected in the GoFundMe campaign will be used for legal services as the project opponents seek a temporary restraining order and an Article 78 proceeding against the town. The latter proceeding is used to challenge an action, failure to act, or decision made by an officer or agency of state or local governments.  

“I believe they made the wrong decision, and (by) awarding this contract, they did not follow the environmental laws properly for environmental review,” says Bill Price, who was joined by John Osowski, Serge Tsvasman, and George Smith in sponsoring the campaign.

“Our hope is to use this to force the town to come to the table and negotiate,” he adds. “(We want them) not to cost the taxpayers any more money, but to really get them to change the plans that they’re going to build.”

Town Supervisor Bill Moehle is quick to brush off any talk of delays and says the town complied with environmental regulations.

“We are moving forward with this important, essential project. That’s what I’m focused on right now,” he says. “We did exactly what SEQRA (the State Environmental Quality Review Act) requires and frankly more. We absolutely did the necessary review of the entire project.

“The Planning Board,” he adds, “doesn’t have specific jurisdiction over governmental projects.”

The renovation began over two years ago as an asbestos abatement and HVAC project and grew to include geothermal wells, a parking lot overhaul, refurbishment of the outdoor pool and pavilion, and construction of a splash pad and playground. The town government currently holds meetings at the SUNY Empire campus on Westfall Road.

Plans for the project’s current Phase 2, the parking lot overhaul, call for removal of a number of mature growth trees due to age or proximity to the expanded parking lot. This issue mobilized pushback on the project from a number of Brighton residents.

If approved, the temporary restraining order would put the $4.48 million contract with Zoladz Construction Co. on hold.

According to New York Courts, papers to initiate an Article 78 proceeding must be filed within four months of the decision that is being appealed.

Price says he is uncertain if the effective date is when the town voted on the matter or when it entered into the Zoladz contract. Moehle confirmed to the Beacon that the contract has been signed.

The project opponents maintain the Brighton administration bypassed both environmental and planning laws through an exemption and did not consult the required permitting agencies. The campaign organizers further argue that the renovations are the most significant improvement project in over 30 years and that the loss of mature tree canopy and green space would have a generational impact.

Moehle says the project additions are necessary to improve safety and accessibility at the town hall site. The parking lot renovations will increase the number of handicapped accessible spaces from eight to 20, connect new sidewalks to accessible ramps, and add a raised “speed table” crosswalk in the northern parking lot.

Expanding the number of parking spaces by over 30 is also necessary, he says. When multiple events are occurring at the Brighton town court and library, which are on-site, there is not enough parking for cars.

“(A few weeks ago), it was a Wednesday afternoon when court was in session. There were eight vehicles illegally parked,” Moehle cites as a recent example. “That’s even without recreational use, without the town hall core staff. The parking needs there are very real and they will only increase when the recreational facilities are open.”

He says the town did not hire an outside consultant to do a parking study.

In addition, a fenced paddock will be constructed around the Brighton Police Department parking area, which Moehle says will protect police vehicles from theft and vandalism. There was a spike in motor vehicle thefts nationwide in 2023, and there have been recent break-ins to civilian vehicles in the town. However, no incident specifically involving a police car has been reported.

Councilmember Clara Sanguinetti criticized the lack of a parking study during this process and introduced an alternative plan for Phase 2. Based on input from Planning Board members, all of whom are involved with the GoFundMe campaign, it would have saved all nine trees slated for destruction and, she claimed, save the town money.

That proposal was voted down at an 11th-hour special meeting on the topic. However, Moehle announced at that same meeting that three trees would be preserved in a revised version of the plan, which the board approved. Proponents of saving the trees were largely unimpressed.  

“We haven’t been to a town board meeting and we have not been to the public works committee meeting since that decision,” Price says, calling his experiences with the project “frustrating.”

“We’ve done the listening. We’ve heard from the library. We’ve heard from our arborist. We’ve heard from our neighbors and we made a decision,” says Mohle. “That’s what you ultimately have to do and we’re going forward with the project.”

While the proceedings are complex, Article 78 cases can take from three to nine months if they reach a court date.

The GoFundMe campaign has a goal of $8,000 with a current total of $906 in donations at the time of writing. Organizers also encourage residents to sign their petition requesting that the town hall project be paused. It currently has 431 signatures.

 Jacob Schermerhorn is a Rochester Beacon contributing writer and data journalist.

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