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Developer sues Victor's planners

Pioneer Corp. says board erred on proposal for Drumlins complex.

BY STAFF WRITER
Liz Foran

VICTOR - The developers of a proposed 154-unit apartment complex have filed a lawsuit against the town Planning Board.

The lawsuit, filed in state Supreme Court yesterday by attorneys for Pioneer Corp., says the Planning Board inappropriately referred the project proposal to another board for review.

"We've been in front of the Planning Board for a year and a half now," said Pioneer President Chris Calabro. "We're trying to speed up the time frame."

The suit stems from a Jan. 23 decision by the board to refer the apartment proposal, called Parkwood at the Drumlins, to "the appropriate municipal board" to determine whether the project is reasonably similar to what was originally proposed for the land. If the project is not found to be reasonably similar, the Planning Board could deny the application.

The Planning Board never said which board was the appropriate board to make the decision. "We think it's the Planning Board," Calabro said. "They know that project. They've dealt with every aspect of it."

In 1986, the town rezoned the land, which is just outside the village in central Victor, from residential to multifamily to allow townhouses. Those townhouses were never built, but the land's zoning remained multifamily. That type of zoning also allows complexes with apartments.

A group of residents near the proposed site of the 20-building complex have voiced strong opposition to the project, encouraging Victor officials to rule that the proposal differs substantially from the original proposal. The residents, called Drumlins Concerned Citizens, have vehemently opposed the project, packing Planning Board meetings and repeatedly calling and writing town representatives.

Town Supervisor Jack Richter said he was surprised and disappointed by Pioneer's decision to file suit against the Planning Board.

The town met with attorneys for Pioneer and Drumlins Concerned Citizens on Feb. 5 to ask their opinion of a proposal to have a judge decide whether the project was reasonably similar. Richter said his intention was to avoid a lawsuit.

"I am extremely disappointed that Pioneer has chosen to file a lawsuit against the town Planning Board rather than allowing our proposal to be enacted," he said. "We were hoping to bring both sides to court under nonadversarial circumstances."

Drumlins Concerned Citizens' attorney Leon Katzen called the suit premature.

The group plans to petition the judge to allow the group to intervene in the lawsuit, meaning the DCC would become part of the lawsuit.

"We think we have an interest in whatever results from this lawsuit," Katzen said.

This is Pioneer's second lawsuit over the luxury apartment proposal. In April of last year, Pioneer sued the village of Victor for refusing to provide sewer service to the project.

The village settled that lawsuit and agreed to provide sewer service, and Pioneer again submitted the proposal to the town Planning Board in December.

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