As construction continues on a Starbucks near Pittsford Plaza, two groups say that it may have to be torn down.
Last week, State Supreme Court Justice Scott Odorisi ruled that the coffee shop can be built by the Daniele family “at their own risk.”
“Because this lawsuit and others would require them to tear down what they’ve built,” said Howie Jacobson of Brighton Grassroots. “Our lawsuits have the merit to be heard in court.”
Brighton Grassroots and Save Monroe Avenue are two local activist groups taking legal action to fight the development and the adjacent Whole Foods Plaza. They cite concerns about traffic, the size of the development and preserving a nearby undeveloped strip of land known as the Auburn Trail.
Aaron Saykin of Hodgson Russ represents Save Monroe Avenue. He saw the ruling as a victory.
“The Danieles are trying to give everybody the impression that all is well, and that could not be further from the truth,” said Saykin. “If I were them, I would be very, very worried.”
“The general belief among our members is that the project is too large for where it is,” Saykin continued. “And that’s going to have a number of incredibly adverse impacts on the local community.”
Both Anthony Daniele, co-president of the Daniele Family Companies, and Brighton Town Supervisor Bill Moehle say the lawsuits are frivolous and motivated by Wegmans.
“It (the lawsuit) comes from an attempt to block commercial competition,” said Moehle. “After years of denying it, we now know that Wegmans is backing this litigation.”
The supermarket chain’s Pittsford Plaza location is just a few blocks away. After a judge’s order, Wegmans admitted the financial support last March.
Wegmans did not respond to WXXI’s request for comment Wednesday.
Moehle argues that the project could be a boon for Brighton, potentially generating $200,000 of tax revenue per year and providing much-needed infrastructure. As part of the deal, the Danieles would pay for a new traffic signal on Monroe Avenue, which could help ease left turns near the project. Moehle said the Danieles would pay to develop the Auburn Trail.
One claim in the lawsuits that Moehle vehemently objects to is that the town is “alienating parkland” -- meaning the Auburn Trail -- by approving the project.
“Go back there,” Moehle said. “You’re not going to see a park. It’s silly, it's nonsense to call that easement a park. It's never been improved by the town. It’s not a park.”
Daniele expects a fight every step of the way, claiming that the groups have spent “in excess of a million and half dollars so far.” Despite the opposition, he expects Starbucks to open this year, and the project to be complete in roughly a year.
“Our family has always reached the finish line on any project that we have felt would benefit the community and this project is no different,” said Daniele.
Both Saykin and Jacobson say Wegmans is still supporting the groups financially but say that's a distraction from the fundamental problems with the project, like its location on the edge of a residential neighborhood. Jacobson said there is only one way to finish the project: shrink it.
“The town and the Danieles have the ability to get this project built at 70,000 square feet and get it done,” said Jacobson. “We are not opposing grocery stores or anything that they claim, we want the project done by the town code, 70,000 square feet. They’re using a distraction technique.”
