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The following article ran in the February 25, 2001, issue of the Daily Messenger and is reprinted here with permission.

Drumlins developer sues Victor

Pioneer Corporation seeks a determination on whether its proposed apartment complex plans can move forward.

By KRIS DREESSEN
Messenger Post Staff

VICTOR - The developer of a proposed apartment complex in the Drumlins is suing the Victor Planning Board, trying to force the board members to decide if its project can go forward.

Pioneer Corporation filed the legal action in state Supreme Court on Friday.

The move comes after a January Planning Board meeting in which members referred Pioneer's application to either the Zoning Board of Appeals or the Town Board for them to resolve a central, longstanding issue: Is what Pioneer wants to build "reasonably similar" to what was originally intended for the land?

The Town Board rezoned the nearly 50 acres of land -- where Pioneer wants to build 154 townhomes -- in the 1980s, with certain conditions about what could be built. Pioneer believes the Planning Board has the authority to make the determination on whether Pioneer's project, Parkwood at the Drumlins, is "reasonably similar" to rezoning requirements, according to court papers. The developer is seeking a court ruling to force the Planning Board to do so.

Pioneer co-owner Chris Calabro said Planning Board members are the officials most familiar with the project and thus should make the determination.

"We have the confidence in the Planning Board, that they are the appropriate board to hear it," said Calabro, who owns Pioneer with Dana Hoffmann.

Sending the "reasonably similar" issue to another, undetermined town board presents a concern about delay, according to Calabro. "It is a time issue. We've been at this thing a year-and-a-half already. We want to get it moved in a more timely manner," he said.

Pioneer plans to build 154 rental townhouses in 20 buildings in the Drumlins subdivision. Parkwood at the Drumlins would be located between two tracts of single family homes. About 55 privately-owned townhomes are also in plans for the subdivision. The Drumlins Concerned Citizens resident group met those plans with strong opposition. The group's main argument is that the proposed townhomes are rental units and not for sale, a use originally intended when rezoning was approved.

Supervisor Jack Richter said that the legal action was unexpected. The town had been in contact with attorneys for Pioneer and the Drumlins Concerned Citizens, asking their approval to have the issue resolved by a summary judgment hearing, he said. In a summary judgment, a judge would listen to information on the issue and rule.

"We felt this to be a reasonable resolution to the questions," Richter said. "Apparently, Pioneer feels that the lawsuit filed by them is the way to resolve this question, and we're disappointed that they didn't let us try to have a court hear it without a lawsuit being filed."

Richter said the town attorney is preparing a response to the suit.

Calabro said he's confident that Parkwood at the Drumlins will ultimately be approved. There is a market demand for luxury apartments, that was backed up by market studies Pioneer did, he said.

"There is a need, (the project) fills a need, and we're very, very confident we're going to get through this process," Calabro said.

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